Can he change his will to leave the house to the OW?

[Stormysummer]

we are already tenants in common and have been for many years, I found out in may my husband has been having an affair with OW for 18months. (She’s still married and her husband is elderly and dying he’s also her 3rd husband and has said she only married him for his money, isolated him from family etc.) She has said that she wants to marry H 4 weeks after her H dies, We have a decree nisi but not absolute. As it stands his half of the house is left to me should he die, and vice versa, but the OW is telling him to change his will to leave it to her even though we’re not divorced yet. Where do I stand? Could I contest the will?

Yes, after a tricky 6 months she is finally out of our lives. I think I she saw him as an easy mark. He was alone and had cancer. She convinced him 'big pharma' was a con and he shouldn't take the meds....and sold him juice plus instead 🤯

🙀🙀🙀🙀

that’s terrible it can be changed

He's not the only one who can change their will, OP. You should change yours so that your children inherit your half of the house instead of him.

Change your will and leave everything to your kids. Your worried about him dying tomorrow. What if you die tomorrow he'll inherit everything and your kids will end up with fuck all.

Have you considered bursting a balloon behind his head?

Don't beat yourself up about this OP. He didn't actually need your agreement. Anyone can switch from being Joint Tenants to Tenants in Common. You don't need the other person to sign anything. We did exactly this when my husband was dying so that he could put his half of the property in trust for the kids. It would have happened whether I was happy about it or not (fortunately I was).

Have to admit I was thinking I'd be jumping out at him unexpectedly.

This makes no sense. He did not have to trick you into signing anything. If you were joint tenants, he could sever the joint tenancy at any time. He did not need your consent to do so, nor did he need you to sign anything. Of course, you could also have severed the joint tenancy at any time without needing his consent.

I have not read the whole thread.

He can change his will in any way he wants whenever he wants. However, if he cuts you out of his will and dies before you have a financial settlement, you will have a claim against his estate under the Inheritance (Provision for Family and Dependants) Act. This should give you as much as you would have received in the divorce.

Having said that, the starting point for divorce is a 50/50 split of the assets. It is therefore not clear that you are entitled to more than 50% of the equity in the house.

I note that one of your posts says you want to know that your son will receive something on his death. I'm afraid it is not possible to guarantee that. Your husband can cut your son out of his will if he wishes. If he does, your son will not have any claim on your ex's estate unless he is dependent on your ex, or he is struggling financially.

Sounds like she’s all about money, not even trying to hide it and your DH still wants to marry her? Aren’t men just unbelievable

There is an official form called SEV from the land registry that both parties can sign - there are lots of legitimate reasons for becoming tenants in common, and if its not contentious usually both parties sign, he may not have been aware it could be done solo and just downloaded the form and got her to sign it in a hurry.

If he had more than you fight for your fair share in the divorce: it should be 50:50 of all assets, so if he has loads of savings, massive pension etc… you should potentially get 50:50

What an idiot he is and yet another man who leaves / intends to leave everything to new younger woman rather than his kids.

The only way you can guarantee that something is left to your children is if you leave it to them in your will. So try to get a fair deal and as much as you're entitled to, it's not just for you but for them too in the long run. Giving it to him sounds like flushing it down the toilet at this stage.

I will be doing, he’s not getting a penny from me

Go to the divorce and separation page. At top of that page is a link to ADVICE NOW

they do downloadable guides on effectively DIY divorce.

they will walk you through howto get “fair” financial settlement as is your right under the law. There are 7 or so criteria in law that determinecwhat is “ fair settlement”. It does not start with 50:50.
these guides walk you through how to do the full legal financial declaration on forms E and D81. You both MUST fill these out to get a court to approve your financial settlement

then you can do a consent order- that is also normally a clean break anyway, but based on what you jointly compromise on. But it has to meet” future needs” and be based on “ fair settlement ”

Theguidestell you what you do not need a solicitor for, what tasks do need a solicitor ( not many if you can reach agreement between yourselves) and where you might need one.

please download these guides. Read.understand the processes BEFOREyou go to a solicitor for even your free 30 mins. That free30 mins will tell you nothing about the divorce outcomes for your detailed circumstances…it will be you telling them , them telling you basic stuff you can read for yourself at this link to ADVICE NOW.and then their sales pitch…eg telling you what you want to hear. Wait till you’ve read and understand the process, likely outcomes then get your 30 mins on your sp civic questions you’ve still got after reading, and discuss the very specific tasks you want them to do.

do not divorce without a settlement “ sealed” ( approved) by court. Never do that. Extremely silly! And will haunt you for rest of your life.

first step is for you both todo full financial disclosure before agreeing anything.

all the time your married it’s unlikley the OW would have claim on house ev3n if he changes his will while still married- but yep in unlikley circumstances it could be stressful and costly to sort out. It remains a joint matrimonial possession . Go into land registry and check deeds are joint tenancy, and also put an alert on register to notify you if someone wants copy of deeds- free to do, takesafew minutes.

honestly, just because you don’t want to contest or run up solicitors bill, by law you should not just walk away leaving him the vast bulk. The law on fair settlement won’t allow a court to seal even a consent order unless it is “fair” and based on future needs. The law is there so governemnt minimises chance you’ll need future support …eg if you end up in care who will pay? Your home is normally that asset…you future depends on your having fair share. Ditto pensions- these are seen as joint assets

You may feel overwhelmed by finding this stuff out and ding stuff yourself with these guides, but it isn’t difficult. I divorced aged 60, afeter 35 years of marriage. Cost us £1500 in total legal and court costs, did it quickly, only used solicitor for 3 specific tasks we clear
y scoped out fo them. You can do it.