Asking for a friend. She has an appointment at CAB next week, and wants to try and get the legalities sorted in her mind beforehand, so that she can ask appropriate questions!
Friend has lived, with her now ex, in a house for 20+ years. They have two adult children, and have never been married. House is owned 50/50, and on terms that if one of them dies, the other automatically gets their share.
Ex has moved into a new house. He has said that he will be marrying his new GF any time soon. Friend is worried about the impact this may have on her position.
As she sees it, whilst ex and GF remain unmarried, there is no problem. If she, or ex, die, then the other will get the whole of her house automatically. Friend has to hope that ex will give the proceeds of her half to the children, but accepts that there is nothing she can do to enforce that.
If ex and GF marry, and friend dies, the same will apply ie ex gets the house. If ex dies, friend gets the house. I have said it would be sensible if she could get ex to clarify in his will that that is what he wants. She thinks he would agree to that.
She is however concerned as to what would happen if ex and GF divorce, ie would the GF/now wife have a claim against ex's half of friend's house and, potentially, be able to force my friend to sell.
I have suggested some sort of pre nup might work, but don't really know anything about these.
Does anyone have any ideas?
Thank you.