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  • soulruler
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08 Aug 12 #348110 by soulruler
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Well it makes sense now if they had separated by the time he was killed.

Generally speaking in marriage or co-habitation you by a house and have a joint tennancy where the ownership of the house is concerned. That means that when one dies whether you are married or not the value of the house automatically transfers to the other tennant on death.

As they had separated, who would think differently it makes sense that the husband changed his will to leave the house to his kids not ex or stbx wife.

The thing that is still a puzzle is as houses are usually bought in both names is if he had severed the joint tennency to tennents in common the wife would still have had half the property - unless the whole thing was registered in his sole name.

Trouble is if you don''t know where she lives you are not going to find out.

I would still change the locks as he moved out 6 months ago and is in another relationship. Don''t let him back in he sounds like a nightmare.

My cake, your cake their cake - same old story.

  • Crumpled
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08 Aug 12 #348117 by Crumpled
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just a thought have you asked your solicitor what would happen if you change the locks on the house...as he has been gone for six months......surely there must be something that can be done as this is potentially creating an inflammatory situation for yourself and so much stress for your children........lots of love

  • TBagpuss
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08 Aug 12 #348125 by TBagpuss
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I would suggest that you ask your solicitor to send him a warning letter about harassment. It sounds as though he is trying to bully you. If he has threatened you or been vioelnt than it is possible you would have grounds for an injunction in any event.

I would also get the locks changed, and let him make a formal move (e.g. solicitors letter) if he wants keys.

If he does move in, then I agree that he gets whatever is available - presumably the sofa.

I am also very sceptical about being unable to move in with his girl friend. If there is a mortgage, the mortgage company wouldn''t be affected by his moving in (and even on an ew mortgage, all they''d need is for him to sign a document confirming he will move out if the house is reposessed and that the mortgage co''s interests take precedence over his)

It is possible that his gf is obly entitled to occupy the property under certain conditions under the terms of her ex''s will - it may be that she is enetield to live there unless she remarries or cohabits but if her children are adults then they could agree to vary any trust and/or agree to her continuing to live there.

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08 Aug 12 #348129 by Action
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What a nightmare, and one I thought I might be facing at one point so I really do feel for you.

I remember reading on another post recently that you have every right to refuse entry to the OW. I do hope you find the strength from somewhere to stand up to this bully.

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