how do make sure my ex-husband doesn't get the "marital" house?

geriann

i live in a house that has a joint mortgage with my ex-husband.
the mortgage was took out in the year 2000.
he moved out and we got divorced in 2007.
i have no children. the only thing that ties us together is the mortgage.
during the 7 years he lived in the marital house he only paid a couple of years worh of the mortgage payments...that's an estimate.
since he moved out i've paid all the payments myself.
he agreed to me living in the house. i wanted to buy him out so i was the sole owner, but i didn't/don't have the money to do that. we haven't had any contact since about 2008/2009...i'm not sure exactly. therefore i have no idea if he's re-married/had kids/got another mortgage. i don't know where he lives or how to contact him.
he didn't have a Will when i knew him, but i obviousy don't know if he has got one now.
i obviously don't know his financial situation...wether he's working or not.
i get the disability rate of Income Support, Council Tax Benefit and the social pay part of the monthly mortgage payment. so as you can guess i don't have the money to spend on a solicitor/etc.

when i die i want my parents to get the house. i don't want my ex-husband to get the house or any kind of payout.
is this possible?
if i made a Will that stated that would that work?
do i need anything else? like life insurance? if i do, what type?

if my ex-husband dies before me [wishful thinking:undecided] what happens to the house then? do i get it?
if he has children and/or a wife do the get his half? i obviously don't want them to get anything, so how do i stop that happening?

i know it's complicated, but i'd be so grateful for anyones advice.

hcb42

I think you should see a solicitor...

ACG

I dont think you can stop him having a share in the house. If hes paid something to it then he owns part of it, infact even if he hasnt because of the marriage by default he has.

Your best bet is to see a solicitor but even then i think you might struggle. If he agrees to have his name taken off then you might have to find someone else who is prepared to have their name put on it.

ihateyes

your ex is entitled to a small share of the house.
There was a recent case where the ex claimed more, appealled, but was only given 10% by the judge.
The fact he has made payments towards the house, mean legally he is entitled. regardless of what you write in a will.

if you died while the mortgage is still being paid, effectively the house is his,if his name is still on the mortgage.

thats my understanding.

AndrewSmith

ihateyes wrote: »

your ex is entitled to a small share of the house.
There was a recent case where the ex claimed more, appealled, but was only given 10% by the judge.
The fact he has made payments towards the house, mean legally he is entitled. regardless of what you write in a will.

if you died while the mortgage is still being paid, effectively the house is his,if his name is still on the mortgage.

thats my understanding.

Only if the Ceritificate of title shows ownership as joint tenants. If the house is owned tenants in common then he would only get 50% of the net propert value, with your 50% going to your estate. It's vital that you check this out.

HappyMJ

AndrewSmith wrote: »

Only if the Ceritificate of title shows ownership as joint tenants. If the house is owned tenants in common then he would only get 50% of the net propert value, with your 50% going to your estate. It's vital that you check this out.

Yes and that 50% is worth very little as he can claim his half and live in it. He then has first choice to buy the other half at market value. Who else wants to buy half a house with an ex-husband living in it. No-one. So it's not worth much.

OP you need a solicitor.

AndrewSmith

HappyMJ wrote: »

Yes and that 50% is worth very little as he can claim his half and live in it. He then has first choice to buy the other half at market value. Who else wants to buy half a house with an ex-husband living in it. No-one. So it's not worth much.

OP you need a solicitor.

Not if the OP makes a will which places her half of the house into a life interest trust naming the liferent as someone other than the ex spouse in which case the propery cannot be sold and divided until the liferent decides or dies.

Crazy_Jamie

Your husband will almost certainly own a share of the house equivalent to the amount that he has paid of the mortgage at the very least. However, there is a notable chance that he will own a greater share of the property over and above that strict amount. Whether or not he does own a greater share in the property depends very much on your specific circumstances and can be determined by a number of things. Unfortunately the only way you'll be able to get a definite answer is to speak to a solicitor.

vaio

hcb42 wrote: »

...I think you should see a solicitor...

ACG wrote: »

...see a solicitor...

HappyMJ wrote: »

...you need a solicitor...

Crazy_Jamie wrote: »

...speak to a solicitor.

Just a wild stab in the dark but I think I might be able to see a pattern developing here

missile

Your solicitor ought to have sorted this out when you got divorced in 2007. I find it hard to believe he/she did not advise you and prepare a written agreement?

Most solicitors will give a free initial consultation. I suggest you see one asap - preferably not the one you consulted during the divorce.

OP why did you post this on Insurance & Life Assurance ?