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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I live in a house that was left in trust to me. I have been

Resolved Question:

I live in a house that was left in trust to me. I have been divorced for 16 years but my ex-husband still lives in the house. The terms of the will are that I can live in the house for my lifetime and on my death it passes to my three children. I may sell it but I only receive half of monies the other half to be divided between my children. Does my ex have any entitlement to the estate.
Thank You
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Why does your ex still live in the property?
Where do the children live?
Clare
Customer: replied 2 years ago.

My ex still lives in property mainly because I felt sorry for him because he had nowhere to live, it's complicated. He is 70 years old and cant afford to rent anywhere, he makes no contribution to the home. My children are all adult and independent.

Regards

Marlene

Expert:  Clare replied 2 years ago.
Hi
Was any financial arrangement agreed at the time of the divorce?
Has your ex made any financial contribution to alterations or improvements to the house?
How much is the house worth?
Clare
Customer: replied 2 years ago.

No financial arrangements were made at time of divorce. He has made no financial contribution to improvements in the house. He has never had a bank account until recently and has been flying under the radar for the last 40 years.

Customer: replied 2 years ago.

House is worth in the region of £240,000.

Expert:  Clare replied 2 years ago.
Hi
Are you intending to sell the property?
Clare
Customer: replied 2 years ago.

I have no intention of doing so in the forseeable future.

Customer: replied 2 years ago.

Not in the forseeable future.

Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - I have been offline but all is now sorted
Do you wish to remove your ex from the property or are you simply worried that he can force a sale in some way?
Clare
Customer: replied 2 years ago.

Hi

Sorry for not replying sooner, have been away for weekend. I am just concerned that on my death he will have some claim on my daughters inheritance or will be able to stay in the house and they won't get their monies until his death.

Expert:  Clare replied 2 years ago.
Hi
Since the property is not yours he cannot make any claim in the event of your death.
His only claim will be to be given "reasonable notice" to leave the property (three months or so)
If you have any other queries please ask
Clare
Clare and other Family Law Specialists are ready to help you

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