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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1191
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My husband and I separated, coming up to 5 years ago, and

Resolved Question:

My husband and I separated, coming up to 5 years ago, and will start divorce proceedings next March. Our house was separated into Tenants in Common at the time of the separation and each of us left our respective halves of the house to our adult children in our Wills.My question is that if my husband remarries and, as he says, buys a house in his name only will his new spouse automatically get the house when he dies? My solicitor says that he can't 'Will' it to our children because the new spouse has a legitimate claim on it.I would be grateful for your advice.Regards Sue
Submitted: 1 month ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 month ago.

Hello Sue

Welcome to Just Answer

I am a Solicitor and will assist you.

What you need to know is that remarriage does revoke any previous wills.

The position in relaton to any new property bought by your husband would depend whose name the property is in. If the property was to be bought in your husbands sole name and if your husband does want to pass on assets to your children then he can still do so by making another will after his remarriage. Your husband would have to make some provision for his new wife in his will as if he does not do so then she will have a claim under the Inheritance Act. If there marriage turned out to be a long one, over 5 years, then she is looking at an equal split.

If your husband didnt prepare a new will and the house was in his sole name then the new wife keeps all the assets (including property), up to £250,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:

  • the husband, wife or civil partner gets an absolute interest in half of the remainder
  • the other half is then divided equally between the surviving children

If the property was in Joint Names with his new wife as Joint Tenants then the right of survivorship would apply and the whole house and all the equity would pass to the new wife if your husband was to pass.

If the property was in Joint Names with his new wife as Tenants in Common then they would each have eparate shares in relation to the property and your husband could write a new will to 'will' his share to his children. There is till the possibility of an inhertiance act claim with this option if there is no provision for the will in the will.

Unfortunately there is nothing you can do to enforce that your husband passes his share to your children.

kind regards

Caroline

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Customer: replied 1 month ago.
are you saying that after remarrying he can leave the property, if it is in his sole name, to his children in a new Will and his new spouse would have no claim on it, or could she could make a claim after his death and my children may not get all of the property value? I realise that he would make some provision for her regarding cash and other personal effects but it is the house I am worried about. We have been married for 45 years and everything we have is invested in the property w eown.Sue
Expert:  ukfamilysolicitor replied 1 month ago.

Hello Sue

I understand your worries.

The problem that you have is that if there is not adequate provision for the new wife in the will then she could contest the will if the new house is just to go to the children. I know that isnt waht you want to hear but you do need to be aware of this.

kind regards

Caroline

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you. I will have to prepare the children for that.Sue
Expert:  ukfamilysolicitor replied 1 month ago.

your welcome. Sorry it isnt great news.

kind regards

Caroline