Property advice

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Can anyone offer any advice on a potential property dispute, please?

FIL has been married to SMIL for around 35 years; second marriage - 2 children from first marriage and one from second, all grown up. Age difference of 24 years is relevant.

SMIL and DD are originally foreign nationals and did not move to the Uk until DD had finished school in their home country - DD came first and SMIL followed a few years later.

During the marriage FIL bought a house in the UK in his sole name, paid the mortgage and house is now fully owned. When SMIL moved here I think there were maybe a few years left on mortgage but she didn't contribute and does not contribute to household bills, just her own expenses (food and broadband).

During the marriage SMIL bought a house in her home country in her sole name; she did work but also received generous support from FIL.

SMIL home is now probably worthless and she is unable to return so is disregarded.

FIL's will stipulates the house to be sold on his death and the estate divided equally between SMIL and the three children; his thinking behind this is because of the age gap he would effectively be disinheriting his children from first marriage if he left house to SMIL. Apparently SMIL was unaware of this and assumed she would inherit on his death.

FIL is elderly and in early stages of dementia and has also suffered several TIAs and a stroke. FIL has now received a letter from Land Reg applying to transfer half the house in to her name. He does not wish to do this, but still lives with her and the situation is uncomfortable for him.

Can anyone advise on where he stands? Does his DW's claim on the house trump FIL's wishes (his will was properly written by his solicitor, it's not a self-written one)?

Sorry it's so long, and thanks for your help 🙏🏻

@Soontobe60 the whole point of the discussion is that he would be unable to leave them their 1/4 of his house if SMIL would not agree to sell on his death.

UPDATE
DH has spoken to FIL solicitor and is being referred to a family law specialist.

The main issue which has arisen following the notice is that FIL had been hoping to sell the house to buy a bungalow which will help him to live independently for longer, as he is struggling to use the stairs. SMIL does not want to move and is using this to block any discussion on sale, which we think is a cruel abuse of her position.

Your FIL needs to do this asap - www.gov.uk/power-of-attorney

• if he hasn't already done so as it is clear he wouldn't be happy with his wife making health, welfare, property and financial decisions for him.

@RedWingBoots thank you for all your useful help in this - thankfully FIL already sorted out his LPA for both financial and health matters some years ago, as his older brother had this and it was a lifesaver when he succumbed to dementia. His son is his nominee.

The main issue which has arisen following the notice is that FIL had been hoping to sell the house to buy a bungalow which will help him to live independently for longer, as he is struggling to use the stairs. SMIL does not want to move and is using this to block any discussion on sale, which we think is a cruel abuse of her position.

I'm afraid that, after 35 years of marriage, between a couple you admit probably love each other, it seems right and proper that she is viewed as having a half share in the property. Especially when there are no dependent children (all 3 are around 60 I think?). I don't blame her for being angry at the suggestion that she only receives 1/4 of the whole estate on your FIL's death.

I suspect that, rather than being cruel, she's now flexing her muscles and refusing to cooperate over a potential move in light of this proposal. Can't say I really blame her.

I suspect that, rather than being cruel, she's now flexing her muscles and refusing to cooperate over a potential move in light of this proposal. Can't say I really blame her.

I can and do blame her. Her husband who she professes to love (?) needs to move to a bungalow and she is preventing it. Shame on her. She will still have a home when they move unless she no longer wants to live with him.

@StrawberryPot the two older children are around 60, as is SMIL - their DD is in her 30s.

I'm still rather astounded that so many of you think a woman who has only lived with FIL for around 14 years, has her own property (which FIL contributed to) and does not and has never contributed to his property is entitled to at least half, and is entitled to stop him moving somewhere he can actually live out his last years, and then provide for his children and wife equally .

I suspect if this was a reverse, he'd be called a cocklodger for treating his wife in this way, but we seem to view her very differently.

BTW, I've always got on okay with SMIL; when we first met she spoke no English and I think it's incredible that she is now quite fluent and has built a new life here, but this has really changed my view of her.

Thank you @sunshinesupermum, yes we previously discussed the bungalow and she seemed amenable to the idea.

She has known about the will for years and it's only just become an issue, I think because she's concluded that she'll never move back to her home country so her extended family will probably benefit from her property and she'll only have the UK house.

It will be really difficult to convert the existing house for FIL to stay in longer term (no downstairs toilet facilities, steep narrow stairs so stairlift difficult) and we're just so sad for him.

OP they have been married over 10 years so that's a long term marriage.

It was and still is up to your FIL if he no longer wants to be married to divorce her.

*I'm still rather astounded that so many of you think a woman who has only lived with FIL for around 14 years, has her own property (which FIL contributed to) and does not and has never contributed to his property is entitled to at least half, and is entitled to stop him moving somewhere he can actually live out his last years, and then provide for his children and wife equally .
*
The 35 year marriage trumps the 14 years I think.

You said in your op that her home abroad is now probably worthless and she is unable to return so is disregarded. Why are you now referring to it as an asset with significant value and use?

Yes - I think she is entitled to 1/2, especially when the children are not actually dependents.

I suspect she has had legal advice too and is making plans to divorce him to secure a 50% share.