Wills and testaments, husband refuses to severe joint tenancy so I can't protect my share...

SG00

Yorkshireman99 wrote: »

Forget all about mutual will. Not practical in your situation.

Thank you for your reply. May I ask why mutual wills would not be practical in our situation? I'm trying to understand how mutual wills work.

Yorkshireman99

SoniaG wrote: »

Thank you for your reply. May I ask why mutual wills would not be practical in our situation? I'm trying to understand how mutual wills work.

As you have already found solicitors are reluctant to prepare them. In any case they can only be done by mutual agreement which in your case is clearly not going too happen. What they do is bind both parties so that when one dies the other cannot change theirs. There are all sorts of reasons why that might be a bad thing.

izoomzoom

Does your husband understand that you can give him a life interest in the house ... he can live there, rent it out, sell that house and buy another (subject to the terms of the life interest).

Frankly I'd tell him to go and see a solicitor because I was severing the tenancy.

SevenOfNine

Sorry SoniaG, I meant perhaps your husband would agree to tenants in common, on the understanding that you both also wrote your wills leaving your 'halves' to other family members, BUT with a life interest trust for the surviving spouse to remain in the property until death.

Only then would the whole property finally get divided between your beneficiaries & his. Several here have this type of will set up.

There is, however, nothing to stop you once you've achieved tenants in common & the will with the life interest, from then deciding to quietly see a solicitor & have YOUR will rewritten without his knowledge, leaving out the life interest trust.

Though I think that's sneaky & despicable, it is do-able & would achieve what you seem to want. Bear in mind he can obviously do the same behind your back if he chooses to.

getmore4less

Not going to bother reading based on the title.

He can't refuse to sever the joint tenancy he does not get that choice.

Any joint tenant can sever their joint tenancy from the others.

Yorkshireman99

getmore4less wrote: »

Not going to bother reading based on the title.

He can't refuse to sever the joint tenancy he does not get that choice.

Any joint tenant can sever their joint tenancy from the others.

I agree! The OP needs to get a grip on the situation and consult a solicitor without delay.