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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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 wonder if you can help me please I've been with my husband

Resolved Question:

I wonder if you can help me please I've been with my husband 15 years first 5 living together 10 as man and wife I pay my way by giving my husband £550 per month I have done so since the beginning of our relationship . Approx £100.000
My husband recently told me he's leaving the house to his son with half of his money as well
With the proviso that I get to live in the house until my death
I don't know where I stand and he's cutting my daughter out of any inheritance I sold my house and invested £16,000
Can he do this?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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.
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 1 year ago.

No mortgage we sold the house and then brought the bungalow we now live in for £125,000 2 years last October.

Expert:  Clare replied 1 year ago.
Hi
May I ask why that property was purchased in his sole name?
Clare
Customer: replied 1 year ago.
I thought it was in both our names I trusted him as he takes care of all the business paying bills etc
Customer: replied 1 year ago.

I trusted him he deals with all the financial business for the two of us. We don't have a joint account anymore , because when we did, he said I overspent.

Expert:  Clare replied 1 year ago.
Hi
I have to ask - do you wish to remain married to him?
Clare
Customer: replied 1 year ago.

Yes I do , as I may have said this is my second marriage I have tried talking to him and have written down in a letter trying to illustrate how I feel about this situation. He is a very kind and generous man except when it comes to his son, who he sees as a hardworking family man but views my daughter and her husband as spoilt and selfish and even though I love my daughter I can see he has a point. But I have four grandchildren and I would like to leave something if at all possible for them.

I will get the use of the house until my death if My Husband dies before me but I have health issues and I worry that I will need support or have to go into a care home.

Expert:  Clare replied 1 year ago.
Hi
In fact on his death you would be able to successfully challenge the Will and claim at least 50% of the equity - quite possibly the whole of it.
You would be entitled to this under the Inheritance, Provision for Family and Dependants, Act since your husband has not made adequate provision for you and indeed you are entitled to 50% of the house in any event.
You could try pointing out to your husband that this will involve his son in unnecessary conflict and legal expense - and could cost him half of the property, whereas if the property is transferred into joint names then you could each leave your share to your child, provided the survivor is allowed to live there for so long as they wish to do so.
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33801
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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