Not leaving estate to husband

[Ebananascroogey]

Just wondering if its possible to leave everything in my will to someone else? Every asset was mine bought before we got together, so can I leave them all to my brother, or will he have claim on it all because we are married?
Marriage is 8 years so far if that makes a difference.
Thanks for any help you can give

OP, if all the assets are yours and in your name, could you leave the property you live in in trust for your DH for his lifetime, and everything else to your DB? I think I would be inclined to consult a lawyer - it doesn’t sound as though you are very happily married. I can’t see a court allowing you to leave your DH homeless, though - might it be worth sacrificing one of the rental properties to be rid of him? The longer you are married, the more claim he will have.

@Ebananascroogey I would say to get legal advice first. eight years of marriage is not long, especially if he hasnt contributed, so he might get nothing at all!

Thank you. That is how I feel & there is so much more to it than I wrote in my op, but as this is legal I just focused on that bit.
It's encouraging to think I could get out somehow, so thank you

For everyone that asked I'm in England. Thank you all for taking the time to reply, it sounds like divorce or stay are the options I have right now, so I'll see if I can get some legal advice on how divorce might work thanks again everyone.

Because Scotland and England have completed different legal systems.

OP, take sound legal advice - it's worth paying rather than asking randoms on the Internet. But even with divorce your H would be entitled to a large portion of up to half your estate.

Op, without children it's unlikely your husband would be supported fully in a divorce. It's could 50% of the asset value increase since date of marriage but a solicitor would be able to advise

As you are in England, your husband has no automatic entitlement to any part of your estate. However, he can make a claim under the Inheritance Act if you fail to make adequate financial provision for him. In that situation, it is likely he would get at least as much as he would have got had you divorced on the date you died. It is therefore unlikely that you can stop him getting any money at all. However, divorcing him now is likely to be the best way to limit how much of your money he gets. You need to see a solicitor.

You can, but your husband will have a strong claim under the Inheritance Act 1975

(If you’re in England or wales)

There is a third option, beyond divorce or stay which is just leave. Sell one of the properties and put the money in cash, or move some savings into cash, so that you have a running away fund and literally run away.

Rent somewhere small and easy to look after, near your brother if you are close, or by the sea if you’ve always fancied living there, or in London if you like art. You don’t have to do anything or think about anything or plan anything - just enjoy the freedom.

Once you’ve been free for a while you can think about what you want to do next.

OP, there is a lot of misinformation on this thread, and you may do well to have a frank conversation with a solicitor to discuss the relative benefits (financially) of divorce v will.

You absolutely can leave your share of your assets in your name to another party in your Will (as long as dependents are able to live… but that doesn’t mean your whole estate including rentals etc) … and wholly understandable that you would want your assets to go to your brother and possible nieces / nephews, since you have no D.C. with your H.

His MH status makes it difficult as he can demonstrate dependency so would probably be able to claim a big share in a divorce. In a Will you may be able to provide for him by leaving your whole estate to your brother BUT leaving a life interest in your home to your H.

Also the no-divorce option includes the 50% chance (or more?) that he might die first.

Don’t give up: please talk to a solicitor.

And may this thread stand as a counter to all the MN posts parroting that women should marry for ‘the legal protections’.

Just divorce him.

If you don't sort it now, then your beneficiary will have to fight it.

Gotta put your big girl pants on and just sort it

This made me cry! It's like you read the dream i had all those years ago to retire early to the seaside. Unfortunately even selling a rental i don't think tge money would stretch to paying for a new life plus keeping him in the family home & he certainly wouldn't pay a penny towards it!

Thank you! I got sucked into that way of thinking, then we married & he immediately 'got ill' & has milked me ever since!
Clearly the easy way out won't be easy, so time to get brave & start making decisions!

How about selling the house and buying something more modest, on the basis you are freeing up cash to get a seaside flat. Move into it together. Then you move out.

Would that work?

I like this idea.

OP your husband has done a bait and switch on you - what's good for the goose etc ....

Ha I love this! I think that's where my original question came from, I hate that he planned to scam me & succeeded. Off to work out if this might be a possible option!

So he's not really depressed then? Does he perk up where the mention of money is concerned?

I've not seen proof but he's been diagnosed with CPTSD, detachment disorder & anxiety. Im not denying he's been through some stuff & he has his struggles, but I do think he's taken me for a fool, that why he behaves in such a cruel & hurtful way.

It doesn't need to at this stage. Sometimes when we're a bit stuck in life, taking one step in the right direction leaves things clear to see the second step.

Thinking solely of the next six months, can you get yourself to the seaside, in a nice little rental property, on a one year contract. Only focus on that as the goal, don't worry about anything else.

By the time that one year contract is up, I think you'll find yourself in a very different head space for decision making.

Sell and buy a one bedroom flat near train route to a hospital.
Move in there for convenience for husband's illness.

Arrange your life and your Will and finances, leaving him a lifetime interest in the flat.

You say he’s cruel and you have no fight for a Divorce? It sounds as though you may be a victim of Domestic Abuse OP if you’re scared of the consequences of Divorce. Have you spoken to one of the DA charities?

Well hang on - why do you have to keep him in the family home? The previous poster was right. You can separate without divorcing and he is not your bloody child. Tell him you’ve had enough. You will not financially support him anymore and put the family house up for sale. Sell it from under him and go find another life. He can start divorce proceedings if he wants and you can d r a g them out. Like fuck would I let him ruin the rest of my life. Find some anger.

OP your situation of living for decades with DH while believing DH may have deliberately milked you, is not sustainable for you. It sounds like you need to divorce him even if it costs you money. Imagine not having to see him again!
If he is genuinely too ill to work then it’s fair that he takes something from the marriage, so either way perhaps your best bet is to accept it’ll cost you and work out the details. Good luck.

Oh and get legal advice. You might find you are in a better position than you think as it sounds like you don’t have dependants and brought the assets into the relationship. Yes you might have to pay him off to some degree but I don’t believe it’s going to be the 50/50 case it seems like you are imagining. He has contributed nothing.