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House Ownership

5 replies

Leeds2 · 14/06/2018 10:54

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.

OP posts:
Collaborate · 14/06/2018 11:17

There is only one way to approach this. Your friend can either sever the joint tenancy (the way of holding land so that the survivor receives it on the death of the other whatever the will might say) and thereafter they own as tenants in common, under which they can each leave their share to whoever they want in their will, of she can keep it is it currently stands.

I'm surprised he's not asking it to be sold.

Leeds2 · 14/06/2018 16:23

Thanks.

If they transferred to own as tenants in common, could he then insist on selling the house now to get his share? I don't know why he doesn't want it sold now, I haven't liked to ask.

Friend is more worried as to his wife coming after ex's share in the event of a divorce.

OP posts:
Collaborate · 14/06/2018 20:43

Whether it's held under a JT or TinC makes not jot of difference to him getting it sold.

Singlenotsingle · 14/06/2018 20:49

Sever the joint tenancy, then he only owns his half (or his share). Both make a Will so that if one of you dies, their share gets left to their named beneficiary (s). But yes, he could ask for it to be sold, and a court would probably agree to this.

ReservoirDogs · 20/06/2018 11:29

And yes if he marries his gf and tehy subsequently split all his assets go into the pot for division on their divorce includjng any beneficial interest he has in friend's property

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