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Post by callisto on Jan 14, 2017 19:19:48 GMT -5
... After 13 years of SM on point of discussing the endgame he tells me that despite me offering to leave my part of the house to him in my will he is going to leave the house to his new wife
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Post by shamwow on Jan 14, 2017 19:24:23 GMT -5
... After 13 years of SM on point of discussing the endgame he tells me that despite me offering to leave my part of the house to him in my will he is going to leave the house to his new wife . Seems like leaving your half to Habitat for Humanity would be a better alternative then. But don't tell him that. I don't know your husband but who does't like a good surprise? |
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Post by baza on Jan 14, 2017 19:29:10 GMT -5
And to this latest bit of bullshit your spouse has come up with, your lawyer has advised you . . . . . . . . . . . what ?
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Post by baza on Jan 14, 2017 20:43:21 GMT -5
In my jurisdiction (and YMMV) if you and the spouse purchased the house on a basis of Joint Tenancy, then under the Probate and Survivorship law, when one of the spouses dies, the property then vests in the name of the surviving spouse.
There are no ifs buts or maybes about that.
"If" your spouse drew up a will saying ". . . and I will my share of the house to The Lost Dogs Home", the lawyer would point out "You can't do that, the property vests with the surviving spouse on your death".
Likewise in the scenario you floated earlier where you were prepared to "leave your part of the house to him in your will". There would be no need to offer this. If the house is jointly owned, then if you peg out, the house vests in his name anyway under survivorship law. (again, this is the law in my jurisdiction, YMMV.)
In my jurisdiction, a marital home is usually purchased on a basis such as above called "Joint Tenancy".
A property can be purchased together under the law of "Tenants in Common" (rarer in my jurisdiction) and that - in a marital split up or contested will just about guarantees a big fuck up. Under this Tenants in Common, you can sell your share of the house with or without the consent of the other party(s)
These, and many other reasons touched on in this group, again point to ones responsibility to have a real good handle on ones finances, the spouses finances and the joint finances as a matter of course, even if the marriage is made in heaven - let alone if the marriage is collapsing around your ears.
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Post by shamwow on Jan 14, 2017 20:49:46 GMT -5
One question. Do you own the home outright? How much equity do you have in it? Unless it is paid off, neither of you own it. The bank does.
So we might be quibbling about nothing or maybe we are talking about something concrete.
Like baza says: What does your lawyer say?
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Post by greatcoastal on Jan 14, 2017 20:52:56 GMT -5
... After 13 years of SM on point of discussing the endgame he tells me that despite me offering to leave my part of the house to him in my will he is going to leave the house to his new wife An appropriate response, "tell it to my attorney, not my problem." As you walk off singing, "happy Days are Here Again". |
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Post by GeekGoddess on Jan 14, 2017 23:25:33 GMT -5
Does this surprise you in any way? What makes him think he will FIND a new wife to leave it to?
Divorce & split the cash, I would say. I know there are other reasons or issues surrounding debt and/or house - but offering to leave it to him is over the top and you shouldn't worry about details that far down the road, I would think, in the divorce settlement. Just sell it and split up like regular divorce couples, eh?
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