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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My wife owns our house. She has left everything in her will

Customer Question

My wife owns our house. She has left everything in her will to her son. If she dies before me, will her son be able to require me to move out?
Richard Lynn
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How does she come to own the house?
Customer: replied 2 years ago.
She owned it a number of years before we were married in 2012
Expert:  Jo C. replied 2 years ago.
But it has been your matrimonial home?
Customer: replied 2 years ago.
Yes it has been our marital home continously since we were married in 2002
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** my colleague has asked me to look at this for you
Assuming the Will was made after your marriage then in order to remain in the Matrimonial home you would need to make an applictaion under the Inheritance, provision for Family and Dependants act for provision from the estate to ensure that you are able to remain in your home
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Could you advise me what would be my chance of success? I have a pensions of about £50,000, so I could afford to move out, but I would not want to do so
Expert:  Clare replied 2 years ago.
Where were you living prior to the marriage
Clare, Solicitor
Category: Law
Satisfied Customers: 34263
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 2 years ago.
In a rented house
Expert:  Clare replied 2 years ago.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.
The house is worth about £700,000 and there is no mortgage
Expert:  Clare replied 2 years ago.
How much does a one bedroom/studio property in the same general area cost to buy?
Customer: replied 2 years ago.
Probably around £250,000
Expert:  Clare replied 2 years ago.
The longer the marriage lasts the better your chances - but you certainly already have an excellent chance of being able to live in the matrimonial home as long as you wish to do so
Customer: replied 2 years ago.
Very many thanks for your excellent advice
Expert:  Clare replied 2 years ago.
you are most welcome