scarlettohara Posted November 20, 2010 Share Posted November 20, 2010 (edited) Does anyone know how these work? My solicitor is away until Monday and my husband has served me with one As I understand his name is taken off the mortgage but he retains a half interest, if we divorce and he dies the money goes into his estate even if I am still living in the house. Edited November 22, 2010 by Guest Quote Link to comment Share on other sites More sharing options...
Bramble Posted November 20, 2010 Share Posted November 20, 2010 This is a complex area, but put VERY simply a notice of severance means that instead of owning the house as joint tenants (where if one of you dies the other automatically inherits the whole of the house) you will own as tenants in common which means you are both free to leave your respective shares of the house to whoever you wish on your death (sorry to depress you even further but its crucial that you make a will too). It DEFINITELY does NOT remove his name from the mortgage. He doesn't need your consent to do this and lots of separating couples do it. Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 20, 2010 Author Share Posted November 20, 2010 Thanks Bramble, very helpful. I will make a new will asap, and it would seem a funny way of getting me to divorce him as I would be better off still married Quote Link to comment Share on other sites More sharing options...
Shirl Posted November 20, 2010 Share Posted November 20, 2010 I don't think you'd be better off. If you died tomorrow then he would get the whole house. Would you want that? Obviously it would work the other way around too but you have no way of knowing who will die first unless you're planning on murder which I know I contemplated several times with my ex! Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 20, 2010 Author Share Posted November 20, 2010 To tell the truth I'm quite confused about the whole thing - why are solicitors never there when you need them I'm gutted that he has gone behind my back again after promising to do this amicably and not keep involving solicitors. I suppose I just need to wise up really despite doing everything by the book myself. Quote Link to comment Share on other sites More sharing options...
Bramble Posted November 20, 2010 Share Posted November 20, 2010 Thanks Bramble, very helpful. I will make a new will asap, and it would seem a funny way of getting me to divorce him as I would be better off still married The will is 'specially important now he's severed the tenancy but you're still married. I would very much hope that it won't be needed, but if the worst should happen, the last thing in the world you want is for him to get your share of the house. The trouble is, it sounds like he wants a divorce for some reason, but has no grounds to get one. If divorce is not what you want, then he'll just have to wait. Sending you a hug Quote Link to comment Share on other sites More sharing options...
Goosey Lucy Posted November 20, 2010 Share Posted November 20, 2010 Sorry, no advice to offer just a (((hug))) Must be pants Quote Link to comment Share on other sites More sharing options...
beach chick Posted November 20, 2010 Share Posted November 20, 2010 again no advice, but it must indeed be pants. try not to fall off your perch over the w/e (faint attempt at humour?!) and get on to the solicitor on monday? Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 20, 2010 Author Share Posted November 20, 2010 Going to the National tomorrow so that should cheer me although have poorly pekin now too - need this week to end Quote Link to comment Share on other sites More sharing options...
Jules. Posted November 20, 2010 Share Posted November 20, 2010 On your home insurance do you have legal cover/advice? We do & it has access to lawyers 24 hours/day- you may be able to speak to one this weekend? Sending you (((hugs))) Quote Link to comment Share on other sites More sharing options...
CatieB Posted November 20, 2010 Share Posted November 20, 2010 It is very much in your interest to have a notice of severence and if I represented you I would have advised it asap along with the drafting of a will. As mentioned above if you were both still joint tenants you each technically own the whole house. It is really only suitable for married couples or equivelent. It is a technical legal thing and has no bearing on the mortgage or anything else. Other than the fact you were caught unawares I would say its nothing to be worried about. Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 20, 2010 Author Share Posted November 20, 2010 Thanks so much, I think the reason my solicitor hadn't suggested it before was because my ex and I had agreed to wait until we had been separated for 2 years and he wrote to me to say that I and the boys could stay in the house for as long as we wanted to. He has now changed his mind and caught me unawares and will not reply to my emails so I am in the dark until my solicitor returns. Quote Link to comment Share on other sites More sharing options...
Steve the Gas Posted November 20, 2010 Share Posted November 20, 2010 Bloke input. Don't keep emailing- he will guess your state of mind possibly and maximise any 'plans' he 'may' be developing. Ref: Twice divorved Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 20, 2010 Author Share Posted November 20, 2010 Thanks, yes you are right but my sons have got to the stage where they are threatening him by text which I want to stop as it doesn't help. He has emailed but refuses to tell me what his plans are. I feel demented that we will be forced to leave our home, I cannot afford to live in St Albans with the equity and will have to move away from my sons. Quote Link to comment Share on other sites More sharing options...
Sam Palmer Posted November 21, 2010 Share Posted November 21, 2010 No advice, but hope this gets sorted asap so you and your boys came have some peace of mind. xxx Quote Link to comment Share on other sites More sharing options...
sadietoo Posted November 21, 2010 Share Posted November 21, 2010 I am so sorry to hear what you are going through, and I am hope your solicitor can reassure you on Monday...however, I too don't think this in itself is anything too much to be worried about in the scheme of things.. as others have said, it really is just an inheritance thing, and so he could have done it, for example just because he's made a Will himself. In the old days before they brought in a transferable nil rate band for Inheritance Tax purposes married couples routinely severed joint tenancies for tax planning purposes. However, echoing what others have said, you should make a Will asap for your own peace of mind. (Do not use a Will writing service, and do not appoint a bank as your executors are my only two pieces of advice in that area!). Sending hugsxxxx Quote Link to comment Share on other sites More sharing options...
DebC Posted November 21, 2010 Share Posted November 21, 2010 Sorry to hear you are having so much stress. My thoughts are with you. One piece of advice I can offer is this - Whilst you can't communicate the only winners in this will be the Lawyers!!!!!! Sometimes the communication has to be through solicitors, but that's OK. Think about mediation/collabrative law - it can save a fortune, a lot of stress and time. Really try to keep it out of court (although the court will have to approve the final agreement, I mean try and avoid having to attend in person). There will be paperwork and forms that you have to complete, make sure you complete it as soon as possible. Unfortunately although he is starting all of this you cant make him cooperate with the disclosure. Sadly, whilst everyone will have sympathy with you wanting to provide a home for your children. if they are over 18 they will not be a priority for the courts. I also echo the advice about not emailing or texting - they are permanent and have a habit of coming back to haunt you if you said something in the heat of the moment. I wouldn't worry about the severence of the tennancy, but you do need to make a will. Keep your chin up Quote Link to comment Share on other sites More sharing options...
laurmurf Posted November 21, 2010 Share Posted November 21, 2010 i had no idea you have been going through all this when we met today - I'm so sorry to hear it! Quote Link to comment Share on other sites More sharing options...
Calamity Jane Posted November 22, 2010 Share Posted November 22, 2010 Good luck for today, hope everything gets sorted soon. xx Quote Link to comment Share on other sites More sharing options...
Alis girls Posted November 22, 2010 Share Posted November 22, 2010 Thinking of you lotsa hugs from down the road in NW London xx Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 22, 2010 Author Share Posted November 22, 2010 Have spoken to my solicitor today who was very helpful, she is writing to him to say that I am upset at the underhand way in which he did this (not that he'll care) and she also gave me the number of her solicitor who is drafting me a temporary will - for £50. A solicitor in St Albans quoted me £200 plus Quote Link to comment Share on other sites More sharing options...
Steve the Gas Posted November 22, 2010 Share Posted November 22, 2010 Temp Will - is this not an oxymoron? Do a proper one I say. Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 22, 2010 Author Share Posted November 22, 2010 It is a proper one - just called that because it is basic and quick. No fancy legacies or anything, just appointing my sons as executors and everything split joint between them. Quote Link to comment Share on other sites More sharing options...
sadietoo Posted November 22, 2010 Share Posted November 22, 2010 Just wanted to say, if I understand the position both your children are minors, so they won't be able to executors, and so you need to think of someone else (two people in fact as they will be trustees whilst your children are underage) who are willing to act as Executors for you...Sorry...not meant to worry you, just you obviously need to ask whoever you are appointing if they are happy to do that for you. Best not let the solicitors act as exors, unless you really don't have anyone else you can ask, as they will probably (but not automatically, depending on the firm) charge more for administering the estate (in the unlikely event that anything happens to you). Some solicitors' firms charge a percentage of the estate on top of their usual hourly charges etc...it is quite legit, but worth shopping around as many don't do this....if you have "laymen" as executors they can go to any solicitors of their choice to act in the estate). Quote Link to comment Share on other sites More sharing options...
scarlettohara Posted November 22, 2010 Author Share Posted November 22, 2010 My sons are nearly 20 Quote Link to comment Share on other sites More sharing options...
