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.

Sadly (?), you can sever a joint tenancy. Just takes a Notice of Severance:

England is not such a jurisdiction. There is clear, regularly used legislation that allows the OP to get what she would have done on divorce.

I accept if she had far more money than him, she may get nothing but he certainly can’t leave her penniless.

Edited to say: And because the law is clear, the beneficiaries of the will are usually advised to settle before the case reaches court so it’s not that expensive to make the argument.

You’re welcome.

Your situation shows getting married to protect your finances is the right thing to do. In this case it was the right thing for your husband.

In your situation, a more appropriate thread title would be “Never add your new spouse to a mortgage for a home you bought yourself” because that’s the real issue here.

Legally, she can if she makes a claim against the estate. Whether or not she will is dependant on whether a divorce court would have awarded her more than half the house.

Did he give you notice he was severing the joint tenancy? He must do this and inform land registry. Although one person can cancel a joint tenancy there is a legal process that must be gone through.

if you have proof of your contribution to the house purchase you can argue for bigger share if the joint tenancy has actually been revoked it does sound like he hasn’t had time to do that.

I’m assuming the solicitor’s letter the OP mentions was the required notice.

Does anyone know if the severance is back dated to the date the document is signed or if it is after the land registry has processed it? I know it sounds cold but if OP’s husband is sinking fast, the difference might change whether she gets the whole house or not.

It's a lot more nuanced than that. The Inheritance (Provision for Family and Dependants) Act 1975 is the one that provides for a child being able to claim for financial provision. However, successful claims are difficult to make unless there is some other pressing factor than just merely being an adult child who was excluded from a will.

An adult child does not necessarily have "a right to reasonable financial provision" unless there is some further factor or special circumstance. Adult children who are capable of earning their own living will usually struggle to succeed in such claims.

In contrast, if she wishes to contest the will, that would mean saying that the will was invalid in some way eg he lacked capacity or he was under undue influence from the new woman or it was a forgery etc. That is quite a high hurdle to achieve.

Are there not two different things going on here.
Him protecting his property assets by severing the joint tenancy so half the house will go to his estate even if he dies before the divorce is complete.
What his will then says he wants to do with his assets once he is dead.
The property assets would be split if you ended up divorced so it makes no difference. It just means that OP doesn't keep them if they are still married.
Surely his will was going to be the same if the divorce was finalised.
Is dissolving the joint tenancy only for the property assests, if he dies before divorce you are a widow with all the rights on pension that brings.
The main issue is what his will does, but that would be the same if you are divorced.

I agree that the solicitor's letter was the required notice. The severance is legally terminated the moment the notice is validly served. It is not backdated to the date it is signed, nor is it after the land registry has processed it.

However, the date on which the tenancy is severed is irrelevant. The divorce has not been finalised and there is no financial settlement. Whether the house is owned as joint tenants or tenants in common makes no difference to the financial settlement. And if OP's husband dies before the divorce is finalised and a financial settlement is put in place, she will have a claim against his estate under the Inheritance (Provision for Family and Dependants) Act 1975. The courts will award her at least as much as she would have received in the divorce settlement.

But in this particular situation, the OP and her DH own their marital home as tenants in common.

I would suggest that, barring any other features about the OP's marriage that we don't know about, that a divorce would likely lead to each of them retaining their half of the marital home.

This is what the OP is faced with now, keeping just half of the marital home.

I think she will be able to contest the will given the short space of time he appears to know the ow the speed of the situation and the amount of financial contribution the op has provided for the property

"DD has chronic fatigue and is on medication for mental health issues."

I'm sorry to hear this. However, on a practical note, this may strengthen your DD's chance of being able to make a successful claim against the estate.

Just being an adult child isn't enough. However, an adult child who has a disability or illness that restricts them working, may be more likely to succeed in a claim for provision.

He can't just leave your share of marital assets to someone else in his will. So even if he's changes his will, first it has to be established what is HIS to give away, and what is a marital asset. So yes, you need a solicitor, and asap, but no, you're not going to lose out completely.

Let’s hope so, but idk. Or maybe you can get the will overturned if he’s just written it op.

Which region do you live in, OP?

You need to speak to a solicitor.

Some of my relatives are separating (in awful unfriendly circumstances) and the DH has severed the joint tenancy on their home in order to protect his half of the house as the wife has moved out. He sought legal advice and was told it was fine to do this without any input from the wife i.e he didn’t need any kind of permission from her as it’s half his property.

I had no idea this was even allowed until he was telling me about it.

I'm sorry, but what maintenance? The DD is an adult and, unless he was earning significantly more than she was, it is unlikely that there would be any spousal maintenance.