To say getting married to protect your finance is a joke

[bebanjo]

Been married 20 years house fully paid for. He’s divorcing me, his moved in with new partner. He’s severed the joint tenants, refuses mediation now has about 2 weeks to live.

Well, if you're still married and he's only got two weeks to live(!), unless he's written a new will it will come to you anyway. Sounds shit all round though, sorry.

I can’t wrap my head around this. More information is needed.

Get a solicitor. Just because your stbxh has done this it doesn't mean he is legally allowed. You cannot sever joint tenants unilaterally.

Well it turns out you can. And if his done this, which requires a solicitor and filed for divorce then his sure as shit made a will

If you both paid for the house, he can't will it to someone else.

Joint tenants is neither here nor there if you are married and have been for a long time.

House is a marital asset. See a solicitor.

What else do want to know, we spit in march but turns out his been with her since February. His been taken into hospital, new partner rang DD. DD went to see her dad, he was moved that day to hospice.
Iv received a letter to say he had severed joint tenants.

Well yes I will ring a solicitor on Monday. But if he has made a will, which I’m sure he has, his done everything else. It’s an inheritance issue. Legally I’ll be his widow and she will get all his assets.

I will have to contest his will

This isn’t news nor is it a big secret. You can sever the joint tenant without consent from the other owner, if you need to secure your share and protect it before divorce and financial order is finalised. That’s exactly what he is doing. He was ending the marriage but he will die before that, so he has severed the joint ownership in order to claim his share and be able to will it to whoever he wants. That’s exactly what you should do if you’re divorcing someone, to protect your share of the assets in the event that you die, so it can go to who you choose and not your spouse just because the divorce wasn’t finalised.

You’d lose half the house either way - it would have been through the divorce but he has done this because he will die before he can divorce you.

I think the issue is your posts dont make much sense. Quite a few typos, I'm sure it's because you are upset but it does make it hard to figure out.

Well enough people understood it to give an opinion

She will also get his pension, car and any other money I don’t know about.
if it had gone to divorce he would have had to declare it. Now it’s jus left in his will,

Contest his will. Dance on his grave, prick, I hope he rots.

Yes. You’d lose half the house anyway in the divorce. Although you would think he’d leave his share in trust to his child/children rather than a woman he’s been seeing since February. If that’s what his will says you may be able to contest on that basis?

I’m pretty sure you would have had to sign something to agree to severing joint tenancy, it isn’t something only one of you can decide.

If it is the case though, who would he leave his half too? If the partner, then how long has he lived with her as you could probably have reason to contest it if it’s a recent relationship. Also, drag your heels on the divorce if it helps you financially.

Wrong. He does not need her consent. Joint tenants can be severed by only one side. For this sort of reason - to protect your share of the asset during a divorce if you might die and want it to do to someone else.

The fact that it’s gone to the trouble of severing the tenancy at all means he must have something in mind for what he wants to do with it and the fact that he hasn’t seen his daughter since he moved in with this woman makes me think he’s not really got her in mind.

I think you’re right, OP. Is your DD an adult? You can probably help her to contest a will that doesn’t include her.

Unfortunately you’ll have to fight it after he has gone if you think you should have got some of his pension payout etc. But he’s done exactly what people are advised to do all the time.

Severing a joint tenancy doesn’t require a solicitor. My husband and I have severed ours (but are not planning on divorce).

DD is 19, had to get a flat when this all started, she knew we’d have to sell the house.
but yes, I suppose she had as much right if not more to contest a will.

Absolutely!

By whom did this letter come from? Just a solicotor? You have had to.sign paperwork?