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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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If one partner in a marriage dies does ownership of all the

Resolved Question:

If one partner in a marriage dies does ownership of all the property automatically go to the survivor? My wife and I had shared ownership in a house where we lived but my wife also had another house in her name. When she died she madee a Will with one beneficiary which was not me. I have ownership of the main house residence but should I also have her house?
Submitted: 12 months ago.
Category: Family Law
Expert:  Harris replied 12 months ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Is her will valid?

-Is the house held as joint tenants or tenants in common?

Customer: replied 12 months ago.
I was going to contest the Will but a QC advised against it. So have accepted that it is valid. The Executors have not contested that I own the House.
Expert:  Harris replied 12 months ago.

Thank you - is the house owned as joint tenants or tenants in common and what is stated in the will regarding the house?

Customer: replied 12 months ago.
The Deeds of the house were in my name but showing that my wife had an interest in it. It is up for sale and the beneficiary is not contesting the sale. There is nothing specific in the Will in regards ***** ***** house
Expert:  Harris replied 12 months ago.

Thank you. In the circumstances it would appear that you would benefit solely from the home, but as you appear not to have prospects in contesting the will you would not be able to claim from the property bequeathed in the will, namely the other property.

I appreciate that this may not be the answer you would have hoped for, but if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,

Expert:  Harris replied 12 months ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

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