Rights of new wife over house.

[Frumpton]

My son was widowed nearly 5 years ago and his wife left half of the house to their 2 twin sons in her will.
The value of the house is about £550,000.
The house is held in trust at present but they are due to be full owners in 6 weeks time (tennants in commn) when they will be 18.
My son ( the father ) has announced he will be getting married to a widowed lady.
What concerns us if the marriage does not go well for some reason would his new wife be able to take any of the son's 50% share of the house.
I am also wandering if there is any legal notice of ownership our grandsons should give to the new wife.

Frumpton

[jackthehat]

Duplicate Question

http://www.theanswerb.../Question1110803.html

[Frumpton]

This is where I intended the question to be and I shall be grateful for any advice.

Frumpton

[bednobs]

well, she will be his wife, and he might well want to leave her his half of the house!

[Barmaid]

No, I do not consider that the new wife has any claim over the twins' share of the property.

[bednobs]

but the op is asking about the son's share, not the sons' share

[Barmaid]

Well that is confusing since the OP asks whether the new wife will be able to take any of the son's share and then asks whether there is any legal notice of ownership the grandson's should give. I suspect that the worried grandparents are more concerned about the grandchildren.

Simple answer is this. The new wife will not have any claim over the half left to the twins. Should the marriage not work out, the new wife may have a claim on the son's share (ie the husband's share) under the Matrimonial Causes Act.

[ladybirder]

Ooh this is a case of the apostrophe being in the right place isn't it. Are you asking about your son's share or your grandsons' share?

[Barmaid]

Doesn't matter ladybirder, I've dealt with both.

lol Redhelen. Cross posting. no apology necessary!

[ladybirder]

So you have BM. You're too fast for me:-)

[Barmaid]

Thank goodness I learned touch typing, Ladybirder! You are right though, I think apostrophes are to blame here!!!!!!!

[numnum]

If I was your son I'd get him to doube check. I think it would be worth spending a few hundred pound on a solicitor now and have all his paperwork sorted rather than a bitter divorce in a few years time

The reason I am saying this my dad re married and had been dating the lady for 5 years but only been married a year then split. Because they live in England although he is Scottish, its English laws so in England it goes back to when ty started dating she can claim money. So she now wants his pension, house, house abroad, £15,000 a year maintanence even though they have no children. Its crazy amounts which shes not entitled to but if they go to court the just might decide to favour her on the day and she gets silly amounts or the judge might take my dads side and she gets a few thousand. Whats even crazier is she has a lot of her own money having never married, had kids and she owned propert, its my dads money there arguing over.

They have had 2 years of arguing over money and still not come to an agreement so I'd say to save stress in the future, hopefully they will be together forever but thats what my dad thought and now hes in a right mess

We did have our doubts about my dads wifes plans but never said and now we wish we had. I think if you have any doubts you should say something. Me and my brother now regret not saying anything and my dads health is now affected by the stress over the past 2 years, he's stuck in a rut because he cant sell his house and move on as shes blocked that. He cant focus on anything but her and hasn't seen his grandkids since all this happened.

[MartinBev58]

Hi Frumpton

I think there is a potential for many problems here.
The twins are going to gain a right of occupation to the house in 6 weeks time.
If the husband is going to gift some of the house to the wife she will gain a right of occupation as well.
If they do not get on and it gets to a court stage will the twins be required to leave or the new wife and possibly the father.
Another problem is the new wife may get a right of occupation under the Matrimonial Causes Act if the husband pre deceases her even if she is not left a share of the property in the will.
Would the twins be happy about waiting for their share as there may be somebody in effect in their house.
Again it may land up in court if no agreement can be reached.
The husband must also make a new will on marriage as his present will will no longer be valid.
Another problem could happen if the father passes away and the new wife gets married again and brings the new husband into the house. Will he gain rights of occupation.
This was the sort of set up my mother and father had with their wills and my father was 76 when my mother passed away. He got a new partner but she left him when she realised I owned half the house. He passed away in December and never had another partner.

Redhelen

I think the new wife will have to be told the situation re the ownership of the house.
I think the whole situation could be a problem for all parties and I think a solicitor needs to be involved at this stage or a very expensive legal battle could happen later.

Martin

[Barmaid]

Sorry, but this is wrong. The "twins" each will own a quarter of the house as tenants in common. They share ownership with their father. Whatever rights the new wife may or may not gain over her husband's share, the twins are always going to be in the position where if they act jointly, they can force a sale. The question was about the twins' share. In my view their share is quite safe.

[Barmaid]

Can someone also explain to me (and the OP) exactly what a solicitor is going to do now? The beneficial interests (as far as dad and the kids are concerned) are settled. What else can a solicitor do that is not already provided for in mum's Will?

[DTCwordfan]

Agree Barmaid and we are not privy to any "through" conditions, which, in a good will, are often defined.

[LoftyLottie]

Absolutely agree with Barmaid, who, after all, is the expert. My son and myself have half shares of a house left to us by my mother. My son's half is absolutely safe regardless of who I might marry in the future - not that I intend leaving Mr LL just yet. Likewise, when my son gets married later this year, his new wife gains no interest in my half.

I cannot see any problems whatsoever or the need for a solicitor. It seems a black and white situation.

[DTCwordfan]

reported Lottie; that is politically incorrect... :=)