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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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This is a difficult situation to explain so I hope that I can

Resolved Question:

This is a difficult situation to explain so I hope that I can explain it properly for you. My partner's mother has been living with her partner for over 8 years. The man she is living with hasn't divorced his wife but they are obviously separated. My partners mother has her name on the house that her partner lived with his wife for over 20 years. They have bought her out of that property and her name has been taken off the house. However, the house is now in my partners mother name and her partner.
If something was to happen to him would his wife have any claim to his half of the property as she is legally still his wife or because they have bought her out by buying he another house she is not entitled to anything?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you know if she and her partner own the property in the way that ensures that it passes to the survivor on the death of the first to die?
Has her partner made a Will?
Clare
Customer: replied 3 years ago.
Hello! They have bought his "wife" a house to compensate. They do own the house as they had to remortgage it to buy her out. Regarding his will, he says that he will leave everything in my partners mother's name and that she is to distribute everything equally between his 2 children and between her 2 children, however my partner's mother is yet to actually see the revised will. Our concern is that his children are very hostile and will contest the will (if it is has been put in her name) if something was to happen to him. Our main concern is that my partners mother will be left with nothing if something was to happen to him first and that his wife as they are still legally bound through marriage will take the house off her.
Expert:  Clare replied 3 years ago.
Hi
Your partner's mother's half share of the house is secure - but if there is no Will, and they do not hold the property as Beneficial Joint Tenants, then she would have to make an application to the court under the Inheritance (provision for Family and Dependants) Act to make a claim against the estate (such an application is likely to be successful)
A Will is the key here - and the lady should tell her partner that it is important that she is protected.
I hope that this is of assistance - please ask if you need further details
Clare
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