Ex husbands quandry!

swingaloo

My ex husband has been telling me about an issue he is very worried about and even though he is an 'ex' for a reason I would still like to advise him if possible but not sure how he stands.


After our divorce he remarried a woman with 5 children. We sold the marital home and he moved in with her. She had a council house and had bought it 3 months before he moved in with her on a 'right to buy'. They married 5 months later and he used his half of the proceeds from the sale of our house to build a large extension on her house. She always said she would put him on the mortgage/deeds at a later date.


Now fast forward, they are not getting on and haven't been for some time but are still together.


She is now very poorly and sadly hasn't got a very long life expectancy. However she has written a will without telling him and he has found a copy. In the will she makes no mention of him at all and has left her house to be shared between the children. No mention of him having a life interest. Now in some ways I can understand as he is hell to live with and hasn't worked for the last 5 years that I know of apart from the odd day here and there. They have been married for nearly ten years.


But as he invested his share of his previous house (about £40,000) on improving hers I cant accept that if the worst happens to her he is going to be at the mercy of her children who are all adult now and who do not like him, I imagine they would have no hesitation in putting him on the street.


If the worst happens would he have any chance of remaining in the property? I've suggested he discusses all this with her but as he says, she made the will without telling him and she doesn't even know he has seen it.

BrassicWoman

If he hasn't worked in 5 years then 40k should cover his rent and bills for that period.

Time for him to grow up, I think.

gettingtheresometime

BrassicWoman wrote: »

If he hasn't worked in 5 years then 40k should cover his rent and bills for that period.

Time for him to grow up, I think.

That's a bit harsh isn't it?

Anyway back to the OP.

could he not suggest (assuming she knows that the prognosis isn't good) that she writes a will and see what her reaction is?

BrassicWoman

gettingtheresometime wrote: »

That's a bit harsh isn't it?

Really? He sounds like a manchild who is now looking to his ex to fix things.....

theoretica

A quick google makes it seem worth investigating the Inheritance (Provision for Families and Dependents) Act.

lulu_92

BrassicWoman wrote: »

Really? He sounds like a manchild who is now looking to his ex to fix things.....

What if it was a woman in this situation?

simpywimpy

Did his wife work during that time? If so it could be said that she was supporting him financially and despite the will, that support could be a reason to contest the will should the situation arise.

The best way forward would be to get a charge placed on the property for his 40k interest if possible though he would need to show proof that he paid it to the house. A free initial solicitor visit would be the way forward for him.

BrassicWoman

lulu_92 wrote: »

What if it was a woman in this situation?

Then it'd be a woman-child looking to her ex to get rescued.... no difference! £40k is not a lot for 5 years!

DUTR

swingaloo wrote: »

My ex husband has been telling me about an issue he is very worried about and even though he is an 'ex' for a reason I would still like to advise him if possible but not sure how he stands.


After our divorce he remarried a woman with 5 children. We sold the marital home and he moved in with her. She had a council house and had bought it 3 months before he moved in with her on a 'right to buy'. They married 5 months later and he used his half of the proceeds from the sale of our house to build a large extension on her house. She always said she would put him on the mortgage/deeds at a later date.


Now fast forward, they are not getting on and haven't been for some time but are still together.


She is now very poorly and sadly hasn't got a very long life expectancy. However she has written a will without telling him and he has found a copy. In the will she makes no mention of him at all and has left her house to be shared between the children. No mention of him having a life interest. Now in some ways I can understand as he is hell to live with and hasn't worked for the last 5 years that I know of apart from the odd day here and there. They have been married for nearly ten years.


But as he invested his share of his previous house (about £40,000) on improving hers I cant accept that if the worst happens to her he is going to be at the mercy of her children who are all adult now and who do not like him, I imagine they would have no hesitation in putting him on the street.


If the worst happens would he have any chance of remaining in the property? I've suggested he discusses all this with her but as he says, she made the will without telling him and she doesn't even know he has seen it.

Mosjilo, may put us right, but as they are married, then unless he was specifically excluded, then he is included and has 1st dibs on the estate.

Mojisola

They've been married for ten years. If she makes a will that doesn't leave him anything, he will be able to challenge it.

Mojisola

DUTR wrote: »

Mosjilo, may put us right, but as they are married, then unless he was specifically excluded, then he is included and has 1st dibs on the estate.

..............