UK Last will and testament with a European beneficiary living in France

Ms_Chocaholic

Well if he doesn't care who his 50% of the house goes to, once the mortgage is paid, arrange to have his name taken off the deeds.

Ms_Chocaholic

He now has two choices though

Mojisola

SoniaG wrote: »

That's right, we both own the house equally as we bought it as joint tenants.

I know that when one dies, the house automatically stays with the other one but my concern is after the second person dies.

We were told that we can each write a will to define what happens to our respective share when we are both dead.

I hope this wasn't a solicitor who said this!

As 'joint tenants' you don't own a share, you both own all the house. When one owner dies, the survivor owns the whole house.

SoniaG wrote: »

The problem is that my husband does not want to change our contract from 'joint tenancy' to 'tenancy in common'

He doesn't have to agree - you can sever the joint tenancy and become 'tenants in common'. Then you can give him a life interest in the property but your half will be inherited by whoever you choose.

https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Mojisola

SoniaG wrote: »

But as joint tenants, surely if we write irrevocable mutual wills and say for example that 50 % of the house goes to my family and 50% to his family when we're both dead, that is valid?

If he won't agree to splitting the ownership, will he agree to a mutual will?

I know that he doesn't have to agree but I know for sure that if I change it to tenancy in common behind his back, this will seriously affect the trust and our relationship. I feel that this kind of thing is not good for a marriage if one party disagrees. We might as well divorce!

It doesn't seem fair that you have to accept his decision without any good reason but you can't make changes because that would affect your relationship.

You don't have to do it behind his back - it's just that he can't prevent the change in ownership.

mrschaucer

SoniaG wrote: »

and obviously if he refuses this, then I will have to ask again for a change in tenancy...
.

If he's being that difficult, remember you don't have to "ask" to sever a joint tenancy. Just google it, eg
https://www.braybray.co.uk/8-faqs-on-severing-a-joint-tenancy/

Mojisola

SoniaG wrote: »

This is all very strange because he's refusing everything but at the same time he says that he doesn't care where his money goes when he's dead, which makes me think that actually he DOES care where his/my money goes !!!! (otherwise he would just let me change the tenancy or sign any will that I choose)....

He is being awkward! If he cares about where the money goes, he should be very willing to change to tenants in common because he can then leave his share to his beneficiaries.

Is he convinced that he will out-live you and therefore get all the money to give away to his chosen people?

MovingForwards

Wills can be changed at any time, they can be revoked at any time.

If your husband does not agree to splitting the house then just do it any way as you have been advised above.

As your husband is being this stuborn now, what will he be like in 10 or 20 years when he is older, even more set in his ways and possibly starting to have age related dementia or other health issues.

Tom99

SoniaG wrote: »

But as joint tenants, surely if we write irrevocable mutual wills and say for example that 50 % of the house goes to my family and 50% to his family when we're both dead, that is valid?

[FONT=Verdana, sans-serif]Writing mutual wills will not help you at all.[/FONT]
[FONT=Verdana, sans-serif]You presently own the property as joint tenants so you cannot leave your share in your will nor bind it it any way. On your death your share will go to your husband to do what he likes with it.[/FONT]
[FONT=Verdana, sans-serif]The fact he will not agree to change to tenants in common can only mean he does not intend to comply with any wishes about your share. [/FONT]
[FONT=Verdana, sans-serif]You need to sever the joint tenancy as set out above.[/FONT]