Is divorce the only answer

I need to get the assets split between my wife and myself. She has a reduced life expectancy and is going to will her assets elsewhere. We own a property and she has split the tenancy agreement. My concern is that if she wills any percentage of her share in the property that I will not be able to sell without seeking the bequeathed individuals permission. This could leave me in limbo. I could seek divorce on the grounds of unreasonable behaviour, but the divorce isn''t my priority. I''m more concerned about the property issue. I''very offered to buy her out but she''s not interested. We have 1 dependant age nearly 17 and they will be coming with me. Any ideas????

You could challenge the will I suppose but that doesn''t give you any certainty.

If you were to divorce, any financial settlement would be based on your respective needs regardless of how the property is currently held.

The factors taken into account would include length of marriage, ages, dependent children etc. A reduced life expectancy may well be a factor depending on the details. Without wishing to pry unduly, it would be helpful if you could clarify what you mean by this? Are we talking about a terminal diagnosis or a chronic condition that will shorten life expectancy?

All assets would go into the pot for division - including property, pensions etc. The start point for settlement after a long marriage is 50:50 but the final settlement will vary depending on need.

You may find it useful to book a free half hour appointment with a solicitor who specialises in family law.

Hadenoughnow

Presume she has changed the term to tenants in common.

if you already have the means to buy out her share then even if she does gift her half elsewhere when she dies then you will be in a position to buy that share off her beneficiaries.

Also if she doesn''t make adequate provision for her dependent child then you would be able to make a claim against her estate after her death.

The short life expectancy is due to cancer. She has metastatic stage 4. Liver is the one that will cause the final blow. Have cared for her over 18 years of this terrible disease and now that things are closer to the end I find out her true intentions. She has not been given a date regarding her life as she is still receiving treatment, but most consultants advise that she just needs to except whats to come.

Oh what a tangled web we weave ---

Just noticed this post.

1. I can understand why your wife has severed the joint tenancy. If she hadn''t, you would inherit the whole house.
2. OK then. So when she dies, which from what you say will happen sooner rather than later, you will be a joint owner.
3. My general experience is that beneficiaries want to get their hands on their inheritance.
4. But they can''t sell without your agreement. So if you want to sell, you are likely to be pushing at an open door.
5. You need to remember that as a joint owner you have a right to live there.
6. I think that you could force a sale after your wife''s death under general property law But for reasons given above, I can''t think you would be likely to encounter much opposition.
7. You could, in theory, divorce your wife - but would you really want the moral opprobrium of divorcing a dying wife ? I can hardly think so.

LMM

Thank you for your response. Enjoyed reading your opinion. The problems I see are as follows.
1. My wife has created a false account of events in order to get support from her friends and family. There has been no holding back or sense of morality. Therefore the possibility of myself attending her funeral is zero. I feel that to go would be a serious risk to my health.
2. Due to the above I cannot predict what my in laws intend to do with their inheritance, but I can only consider that they will cause the utmost inconvenience imaginable.
3. The only reason for my wife being civil at this moment is because she is still undergoing treatment and needs me as she cannot drive for another 4 months. I feel that if she ever gets refused treatment then she will leave utter chaos in her wake and be on the next flight to Ireland which is her home. I''m sure she would be there already, however no nhs in southern Ireland.

Due to the above I feel it''s divorce or prepare for the unimaginable. I don''t think I have much choice.

Oh what a tangled web we weave ---

Just noticed this post.

1. I can understand why your wife has severed the joint tenancy. If she hadn''t, you would inherit the whole house.
2. OK then. So when she dies, which from what you say will happen sooner rather than later, you will be a joint owner.
3. My general experience is that beneficiaries want to get their hands on their inheritance.
4. But they can''t sell without your agreement. So if you want to sell, you are likely to be pushing at an open door.
5. You need to remember that as a joint owner you have a right to live there.
6. I think that you could force a sale after your wife''s death under general property law But for reasons given above, I can''t think you would be likely to encounter much opposition.
7. You could, in theory, divorce your wife - but would you really want the moral opprobrium of divorcing a dying wife ? I can hardly think so.

LMM