I own half of the house, but..

Good morning all,
I am separated (not via legal means, I left the marital home which I LOVE 3 years ago) from my husband, and now own and live in a modest house with my partner. I'm on speaking terms with the husband, visit every week or so just for a chat and a cuppa, and any tech help he might need with his computer.

When I was there yesterday - the Grandkids are staying for a couple of days - I went upstairs to close their bedroom curtains before bedtime. I told husband what I was doing, and did he think they would stay in their beds, his answer was 'they can do what they want, as it's their house'. I didn't question this comment, as it wasn't the time or place to. I slept not too well, and found myself questioning what he meant.
My question to you is this. I own precisely HALF of the house (no mortgage on thr house). If he has made a will (might have) and handed over the house to the grandkids on his death, does this mean I CANNOT move back in to the house? Or, if he's stipulated the grandkids can have HIS half, does that also mean I cannot move back in? This is all supposition of course. Once the kids have gone home I will ask what he meant by that statement. What do you think please?

Do you have both names on the deeds?

If you do not, you should register matrimonial home rights.

If it is in both names, has he severed the joint tenancy? You would have received a notice of this.

Is there a reason why you have not gone ahead with divorce and financial settlement?

Hadenoughnow

Thanks hadenoughnow, both names are on the deeds. He hasn't severed the joint tenancy, well NOT to my knowledge anyway! He's fully aware of my address,so as you state, I WOULD have received notice of this wouldn't I? You see - and I obviously don't wish anyone to die, but he is older than I am - SHOULD he go first, then I would like to move back into the house. Reason we haven't divorced? Neither of us can stand the fees charged by Lawyers...

Hmm. I don't think you can assume you get the whole house if he predeceases you.

There is nothing to stop him severing the joint tenancy. In fact that is probably what he would be advised to do if he took legal advice. It can be done unilaterally. You have no right to object.

You may trust him not to do this but the fact is, he could do it at any time.

There are options available such a a Martin order which allows him to occupy the property for his lifetime and then it reverts to you. Not sure if the property would have to be in your sole name or if you need a Decree Nisi in place first.

Alternatively you may be able to setup a trust for the grandchildren that allows you to occupy the house if he predeceases you.

I know you are not keen to involve lawyers but you would need specialist advice on this.

Do you have pensions etc to consider as well?

Incidentally, I have looked back at your previous posts and am a bit confused. Have you also been posting on behalf of your partner? It is best to keep posts just about your situation and get another id for your partner.

Hadenoughnow

Spot on, hadenoughnow! Yep, I was posting for partner. Pensions - I have a very low workplace pension that I draw from. Husband has his works pension, I told him 3 years ago that I COULD claim some of that, but haven't done. He also has a few investments, which I haven't claimed anything from. I have been told I could in effect claim rent from him, as he's effectively living in MY half of the house too. Bit of a minefield, isn't it?

Yours is a long marriage. I think I am correct in saying it is 40-odd years. The presumed start point would be 50:50 of all assets. This includes property, pension pot and any savings.
It would include your share of any equity in the property you now have. If any of the assets are inheritance, you may be able to argue to keep them out of the mix.

Do you know how much is in his pension pot? Is he taking an income from it yet?

Correct hedenoughnow. I walked away with belongings, well what I could pack in the car anyway. He hasn't asked for any of my savings, which has financed the small property I now own. He also has savings in the form of shares I believe, which I haven't asked for. His pension is about 300% more than I get, I don't know what the amount is and I haven't asked for any of it. I'm only interested in my half of the house. He loves it too, and I can't see him wanting to sell it. He has Solar Panels fitted, I get no payments for these either.