Woman Seeks to Ensure Children Inherit Share of House She Co-Owns with Ex-Husband

A woman who co-owns a house with her ex-husband, in which he now lives with his partner, is seeking to ensure her share is passed on to her three adult children. The co-ownership dates back to 1978, with the couple separating in the 1990s.

At the time of their separation, the ex-husband agreed to buy out his former wife's share of the property once his parents passed away, which occurred several years ago. However, he has since refused to proceed with the purchase.

The woman remarried in 2005 and underwent an online divorce that did not address property division. She states she does not financially need her half of the house but is concerned about her children's future inheritance.

"I am very anxious that our three adult children will not get the house once their father passes away," she wrote. She also questioned whether her ex-husband's partner would be entitled to remain in the house after his death and whether she had any rights to force a sale if he no longer lived there.

Severing the Joint Tenancy

According to legal advice, the woman can take steps to ensure her share of the property is left to her children, and this does not require her ex-husband's permission. The crucial first step is to sever the joint tenancy, which would change the ownership structure from joint tenants to tenants in common, each holding distinct shares.

Philip Hunter, a partner at Stowe Family Law, explained that remarriage can significantly limit financial claims against a former spouse, especially when finances were not formally resolved in court during the divorce. This is sometimes referred to as the 're-marriage trap,' preventing applications for financial provision or property adjustment orders.

However, as long as the property is held as joint tenants, each owner has an equal share. If one co-owner dies, the survivor inherits their share. In this scenario, if the woman were to predecease her ex-husband, her interest in the property would pass to him, irrespective of their divorce or any will he might have.

By severing the joint tenancy, the property would be held as tenants in common in equal shares. This action would place a duty on the ex-husband's executors to deal with his estate, including his share of the family home. Following this, the woman should organize a will with a legal specialist to ensure her share is distributed according to her wishes.

Seeking Legal Counsel

It is recommended that the woman consult a solicitor to receive personalized advice and have a legal professional act on her behalf. This formalizes communication and negotiations with her ex-husband, which could be beneficial if disagreements arise.

While the woman expressed a desire for an amicable resolution and does not wish to sell the house, legal avenues exist if an agreement cannot be reached. A court can order a sale, typically as part of broader financial remedy proceedings. However, out-of-court settlements through mediation or solicitor-led negotiations are generally preferred.