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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband (64) and I (53) have been together for the past

Customer Question

My husband (64) and I (53) have been together for the past ten years. His two adult daughters (32 and 33) were perfectly happy for us, until we agreed four years ago that I would move in with my then partner, as I was then forced to leave my house as part of a divorce settlement. I was excluded from a discussion in respect of their inheritance and how much they would resent losing this.

I did, however, move in, and we subsequently married last year. The house is in my husband's sole name. During my stay here, I have made an offer to invest the proceeds from my divorce settlement in his house to an equal share, if he would make me co-owner. This, he has adamantly refused. Since living here,I have made a payment equal to rent, covering my share of living costs as per my husband's calculations. I also provide the main share of groceries, cleaning materials etc.

What is my legal position in this house, as his wife? I have not been allowed to have any input on the nature of e.g. a recently fitted kitchen, decoration etc. One of his daughters has accused me of blocking her access to her family home - I had not heard the doorbell - and was most abusive at a later date.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thanks for using JustAnswer. My name isXXXXX will do whatever I can to answer your question.
Do you mean in the event of a divorce or his death?
Claire
Customer: replied 3 years ago.

Hi Claire,


 


I'm not anticipating a divorce just yet! What would the outcome be in either case?

Expert:  Clare replied 3 years ago.
Hi
Despite the lack of consultation you have a clear claim on the matrimonial home in the event of either a divorce or his death even though he has not allowed you to make any financial contribution.
Your claim in the event of his death will be higher than in the event of a divorce.
The house is your home and that of your husband - not that of his daughters but that is an issue than only you and he can resolve
Claire
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi,


 


My husband has intimated that he has made a will granting me a life long right to remain in his house, but ultimately leaving it to his daughters. In the event of his death, however, I would join my own daughters in Australia as soon as possible. How does that affect the issue?

Customer: replied 3 years ago.

Hi


 


My husband has intimated that he has made a will granting me a life long right to remain in his house, but ultimately leaving it to his daughters. In the event of his death, however, I would join my own daughters in Australia as soon as possible. How does that affect the issue?

Expert:  Clare replied 3 years ago.
Hi
Actually it is unlikely that this will be sufficient if you have been married for any length of time at all.
If you make an application under the Inheritance (Provision for Family and dependents)Act you woudl have a claim for a lump sum
Claire

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