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.

Could he be wanting to leave everything to his child? It seems more likely than to this woman,

OH sod off. Her husband of 20 years has cheated on her and is now trying to destroy her in his final moments. He is a horrid man and now his wife has to live with being betrayed on every level. OP you have my complete sympathy.

They can leave their money how like what they shouldn't do is give away a house that they didn't fully own and has legally managed to steal it from the op.

When my mum and dad separated but still owned the family home jointly they severed the joint tenancy to tenants in common, they still both own half, both have wills that say on their death their half hours to me and my brother and the other parent has a lifetime interest so cannot be forced to move. You have no idea what he's done. His half isn't yours you are separated, also the man has 2 weeks to live and this is your concern? What about your children? They are about to lose their father

Inheritance Act 1975 allows some categories of relative to bring a claim on a will that didn't make reasonable financial provision for them. Spouse is one of them. This is what people are talking about upthread when they mention challenging the will, and courts usually finding that reasonable provision for a spouse is what they'd have got in a divorce. Unmarried partners can only do it if they've lived with the dead person for 2 years, which this woman hasn't so no issue there.

That said, as a pp pointed out, going to court is obviously a long and arduous process. OP should certainly get advice but if she has her 50% of the property plus his pension (falls outside the will) she might feel that's sufficient.

Don't shame her in anyway for worry about this. This man has betrayed her severely. She has no way to even get closure. This man is very evil. I have no sympathy. May OP be his last thought and my he be torched every moment realising what he has done to his family.

I don't think he has. If they were joint tenants that usually means severing the joint tenancy leaves them with 50% each. He can't will OPs half, any more than you or I can.

The OP is going to be better.

She's going to lawyer up, contest the Will and take every penny of that mothefucker's money while he rots and his Mistress fumes. Perfecto.

I had no idea about this to be honest.

OP, speak to a lawyer. You and your daughter will almost certainly have what’s called a 1975 Act claim for provision from his estate if he has not left anything to you in his Will. Also most people do still want to ultimately benefit their children even when they have a new partner. A solicitor can help you here.

she won't unless he's changed his will and she could be in a very tricky place trying to prove he changed it weeks before he died.
The courts might think there was coercion or loss of capacity.

You really do need legal advice and id get it pronto.
The pension sits outside the will and it falls to the trustees to decide who to pay. They are not bound by who he nominated to get it. You need legal advice now as to how to handle it.

Yes, he can sever the joint tenancy unilaterally, contrary to what one of the early posters says. However, that has no effect on the divorce settlement.

If he dies before the financial settlement and his will leaves everything to his new partner, you will have a clear claim under the Inheritance (Provision for Family and Dependants) Act. That will result in you getting at least as much as you would have received in the divorce settlement.

In contrast, if you were not married you would not have any claim against his estate when he dies. Marrying has protected your finances.

Marriage does protect, it means one person is not left without provisions. The reason sahm are told that marriage protects them. It also protects scoundrels, like your husband. You should have not put his name on your house. Was it fully paid by you? You should have sewn it up with a legal agreement if he lived there that he only got back what he directly contributed, A long marriage would have got him some of it but you would have at least had some protection.

Marriage protects, but the side that put in more is never going to be happy, it depends which side you are. There are concrete reasons not to marry, such as having far more.

I have huge sympathy, it is a warning to others to think the financials through, marriage has powerful protections that you ignore at your peril. Such a shame he is popping off. Good luck, you seem feisty, channels the anger for you and your daughter.

And yes it’s definitely possible to sever a joint tenancy unilaterally (otherwise, as joint tenants, you would automatically inherit the whole property by survivorship and that’s not usually appropriate when a couple have separated). On a severance your 50% is still yours, so you’d still own 50% of the value.

If you both own the house he can't give your half away without you agreeing to it and signing paperwork.

If we could all override that, what would be the point of a joint tenancy?

He has had no contact with daughter for months. He refused to be her guarantor for a flat. He’s treated her appallingly. She had already decided to go no contact with him until she found out he was sick.
now she has listen to this other woman rewrite her life say how wonderful he is when she knows what his been like with us

You can also inform the pension Trustees, half of that pension is yours, they do NT have to follow the expression of wishes.

OP: prh47bridge is a longstanding MN lawyer

When you put his name onto your home, there should have been a tenancy in common ringfencing your share. However, once you are married it's considered a joint asset unless you make other legal arrangements.

His new girlfriend stands to have to fight her case in court as a wife of 20 years who should receive his pension etc is in a far stronger position.

His state of mind when changing his will is a factor.

Yes you can sever unilaterally. Where did you get the information that you can’t?

Agree. I just said the same. The amount of false information given so confidently on here blows my mind

.

Why is your dd entertaining this woman and her fantasies? I know shes only young, but encourage her to communicate only about her father's health, She is not her friend(or even stepmother, she's just his shagpiece)

Are we on the same thread? Have you read all of the OP's posts?