Husband will not share

BitterAndTwisted

Look at it this way: if he doesn't make a will you'll automatically inherit half of his estate. If you press the issue and he does make a will he could decide to keep the contents to himself and leave everything to the kids or Battersea Dogs Home.

goodmorningsunshine

lilac_lady wrote: »

If he doesn't make a will giving you the house, his children will be entitled to half of it so it may need to be sold to give them their half (unless they pass it over to you legally.)

I'd ask him to make a will leaving you the house asap.

I'm with Lilac Lady on this one.

DVardysShadow

Gavin83 wrote: »

I honestly don't see the point. It really makes no difference to the property at all and frankly I don't see why you need to be a partner in the business, it's his and his brothers business, let them run it how they want and clearly successfully have done already. He does however need to get a will put in place.

I agree about the business. but I have a feeling that the business is the reason that OH will not put it in joint names. It is probably either in hock to the bank or available to be put in hock for the business - and OP would have to know about this and consent to security being taken out on it. Effectively, this will give OP a right over the business. In OP's position, I would talk to brother's OH and find out whether their ownership arrangement is the same ....

I think the potential to lose the house due to the business is more immediately worrying than any other issue

WhiteHorse

DVardysShadow wrote:

... but I have a feeling that the business is the reason that OH will not put it in joint names. It is probably either in hock to the bank or available to be put in hock for the business - and OP would have to know about this and consent to security being taken out on it.

Good point.

Odd behaviour like this often means that there is secret debt somewhere.

C_Mababejive

I appreciate the concerns of the OP and if it IS a concern then it needs fixing.

I think that it is important to feel secure in your OWN home whether it be solely yours or be it jointly owned.

Presumable the OP has never really felt that it is her home as she doesnt really own it.

She has no interest in it save for what might be inherited or fought over in a court of law,should she divorce.

I think she really needs to press this issue even if it means separating from her husband.

The best solution might be for him to allow her an interest in the home, preferably 50% but it could be less..just so that it allows her a legal right to reside there.

Failing that,they should sell it and buy another home jointly to which she can financially contribute.

I'd be interested to hear what financial contributions the OP has made toward mortgage etc...

In the mean time,i would counsel her to google TOLATA and read about what is or could be a perilous situation for her.

fluffnutter

As you're married you're well protected by the law, Sapphirie. If your husband dies intestate (without making a will) you'll inherit the first £250K of his estate and a life interest in the rest, i.e. you can't be evicted from your home even if it's worth more than £250K. If your husband does make a will, leaving everything to, say, children, then it becomes more complicated. However, wills can be contested and if you're living in the family home at the time of his death, this would be viewed favourably even if he's left the house to his children. There's more info here.

As an aside, as a married couple you can be on deeds without being on the mortgage, although if you're contributing financially you might well want to be on the mortgage to formalise this arrangement.

You're right to be upset and concerned about this. Does your husband understand how important this is to you? Financial security is crucial to our well-being and it would alarm and worry me if my husband did the same. It's disrespectful of him to dismiss your fears and concerns so readily and I think this needs to be resolved.

doodoot

OP, have you seen whose name is on the mortgage?

I'm asking because a few years ago a friend had a similar issue with her fella.

It turned out that his wasn't the only name on the mortgage, an ex girlfriend was on it too.

They had agreed to pay 50/50 after they split with the proviso that it would get sold when the mortgage was paid up.

He had never told his new wife any of this but had to admit everything when the ex sent solicitor letters requesting the house to be put on the market.

It may not be as bad as that, but it could be something as simple as him being clever finance-wise.

If he has a business then he can use the property as equity, and if your name goes on it and the business goes t1ts up then you will be penalised along with him.

If your name stays off it then he can use you as a safety valve - he can use you to apply for anything financially based in the future.

Would be nice if he was honest with you though, and to say it would cost a fortune is rubbish and is an insult to your intelligence...and your marriage.

LandyAndy

I'm sure there was thread on here recently where a woman wanted to give half of her house to her husband and almost all the advice she received was 'don't do it'.

Now this OP says she wants a half share in the marital home and the advice seems to be that her OH is wrong not to give it to her.

?

DVardysShadow

fluffnutter wrote: »

As you're married you're well protected by the law, Sapphirie. If your husband dies intestate (without making a will) you'll inherit the first £250K of his estate and a life interest in the rest, i.e. you can't be evicted from your home even if it's worth more than £250K. If your husband does make a will, leaving everything to, say, children, then it becomes more complicated. However, wills can be contested and if you're living in the family home at the time of his death, this would be viewed favourably even if he's left the house to his children.

If the house is used as a security for the business, none of that legal protection is going to help. It could be a right mess.

Suppose OH dies, but the bank have a security on the house. Bother could continue to borrow on this and run the business into the ground by paying himself inflated salary. Bank comes to foreclose. Brother then pays off the security the bank holds on his house using the money he has salted away. OP meanwhile is left to sell the house she inherited to pay off the bank. Inheriting the house will not wipe out the bank's security.

BJV

VfM4meplse wrote: »

Interesting post!

I'm no legal expert but would assume that what's his is yours and vice versa? If you were to divorce tomorrow, wouldn't you be entitled to half of the house? If your OH died tomorrow, wouldn't the first share of the estate (inc the property) automatically be passed on to you unless stated otherwise?

I'm not sure that your husband doesn't want you to benefit from the property, I think it is more of a case of him thinking that he is the financial brains and that you are the little woman. It also seems that he is a shrewd player, I don't think that there will be any negotiating with him.

I thought that when you had lived with someone for a set period of time you where automatically entitled to half? Think it is mostly the little woman syndrome!:A