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do they have a claim

18 replies

MariaCarnac · 02/09/2025 05:06

A bit of background information is needed first,
25 years ago my mother and father owned 2 houses outright and when my sister got married my parents signed one of the houses over to her. I lived with my son in a council house and my parents said when they were gone the house would go to me. A few years later my mother passed away and my father was absolutely devastated. A couple of years later my father remarried, his new wife owned property of her own and when she moved in with my father she sold her property and gave the money to her children to help them onto the property ladder. It was made clear right at the start (nothing in writing) that the house they lived in would go to myself when they passed and all was fine.
Fast forward to 3 years ago, my father paid all the bills except for his wife's car but due to an email error he received a rather large bill for gas and electricity. My father has money but it takes a bit of time to access it so he asked his wife to pay it as she had a large savings account and he would pay her back when he could access his money. His wife refused and an argument started. It was settled later and the bill was paid but my father now asked that all the bills be split 50/50 to which his wife was not happy about but complied with.
A few months later they had another argument, this time over my fathers will as it stated that I get 100% of the house when he passes. This has festered over the last couple of years and last week my father got up to find that she had packed her clothes and she had moved into her daughters.
It is safe to say that they will not be getting back together and we are now wondering if she has any claim on the house. If they get divorced will she have a claim on the property or if my father passes and they are still married will she have a claim on the house. They are both in their late 70’s.
Any advice will be greatly received
Maria

OP posts:
user1492757084 · 02/09/2025 05:19

They were married so your father's wife has a claim.

Your Dad should work out if he paid his wife back (and be prepared to do so) and he should finalise a divorce.

If I were your Dad, I would hope that he signs the house over to you asap and I would move in with him, and make life a lot easier for him.

GCITC · 02/09/2025 06:23

When was the will written?

Backfromholareyou · 02/09/2025 06:24

“If they get divorced”

why would they not get divorced?

Backfromholareyou · 02/09/2025 06:26

Fast forward to 3 years ago, my father paid all the bills except for his wife's car but due to an email error he received a rather large bill for gas and electricity. My father has money but it takes a bit of time to access it so he asked his wife to pay it as she had a large savings account and he would pay her back when he could access his money. His wife refused and an argument started.

your father comes across as very sketchy here OP

MariaCarnac · 02/09/2025 06:36

The gas and electric supplier were sending emails saying he was outstanding in the account but he wasn't receiving them. A letter came saying they were going to take him to court for non-payment so he asked his wife to cover it and he paid her back a couple of days later.

OP posts:
MariaCarnac · 02/09/2025 06:37

the will was written about 5 years ago

OP posts:
Dairymilkisminging · 02/09/2025 06:39

If they are married then everything goes into a pot and gets split

groma · 02/09/2025 07:04

Getting married usually invalidates a will unless it was written in a very specific way in anticipation of the marriage. Your dad needs to sort a new will as a matter of urgency

HarlotOTara · 02/09/2025 07:06

I think your dad needs legal advice.

INeedAnotherName · 02/09/2025 07:11

The new wife is entitled to a share of everything your father owns, just as he is entitled to a share of hers. Everything is put into a pot and (usually) the pot is shared 50/50.

A new Will won't invalidate her entitlement so the sooner he initiates a divorce and a financial split the better. There's no other way.

SchnizelVonKrumm · 02/09/2025 07:11

groma · 02/09/2025 07:04

Getting married usually invalidates a will unless it was written in a very specific way in anticipation of the marriage. Your dad needs to sort a new will as a matter of urgency

This. The will will be invalid if your dad has since remarried. If he goes under the proverbial bus tomorrow then she will get the house. He needs to write a new will (with the help of a wills lawyer).

Elektra1 · 02/09/2025 07:32

Whether or not they divorce isn’t the question. As his wife (if they don’t divorce and are just separated when he dies), she’ll have a claim over the house and in a divorce she will too. He was foolish to marry her without taking advice and understanding this. Nothing can be done now to undo her claim over the property. He should divorce asap and if he has sufficient other assets, and she does, for a fair split on divorce that enables him to keep the house, he might keep it.

prh47bridge · 02/09/2025 07:35

As others have said, his house will be in the pot to be split between them if they divorce, along with everything she owns. If they don't divorce, she will have a claim against his estate under the Inheritance Act. Her claim was established by marriage and there is nothing that can be done now to remove her claim. Your father needs to see a solicitor who will be able to advise what a financial settlement in divorce would be likely to look like.

Backfromholareyou · 02/09/2025 08:35

MariaCarnac · 02/09/2025 06:36

The gas and electric supplier were sending emails saying he was outstanding in the account but he wasn't receiving them. A letter came saying they were going to take him to court for non-payment so he asked his wife to cover it and he paid her back a couple of days later.

Yep, still sketchy

Backfromholareyou · 02/09/2025 08:36

MariaCarnac · 02/09/2025 06:36

The gas and electric supplier were sending emails saying he was outstanding in the account but he wasn't receiving them. A letter came saying they were going to take him to court for non-payment so he asked his wife to cover it and he paid her back a couple of days later.

I would hedge a bet, she has a very very different version to what has been going on with finances than your father OP

Silverbirchleaf · 02/09/2025 08:39

Was the will written pre- or post-marriage?

MariaCarnac · 02/09/2025 09:50

thank you all for your replies.

OP posts:
vivainsomnia · 02/09/2025 12:02

How long have they lived together?

So your father was fine with her giving her house to her kids but didn't think of doing the same for you? He did mess up indeed.

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