My question actually does not
refer to divorce proceedings, but to inheritance: Is it true, under
British law, that when a couple have been married for 25 years, their
separate assets automatically become joint?  In her will, my mother
has left her separately owned house to my stepfather as a life estate,
that is, he can live in the house for the duration of his life,
should she die first. My mother and my father owned the house; five
years after my father died, my mother remarried -- an "old-age"
marriage. Upon my stepfather's death, the property becomes mine,
according to the terms of the will. My mother is still alive, but
mentally incompetent and living in a nursing home. My step-sister is
assuring me that my mother's house is now owned by my stepfather even
though my mother never put it into his name and still owns it outright. So
my question is, does my stepfather now automatically enjoy joint
ownership of my mother's house by virtue of their 25-year marriage?
Thank you,
Jennifer

Dear jenniblake-ga;

Thank you for allowing me an opportunity to answer your interesting question.

The answer depends on when your mother made out her will or when she
last reviewed it or changed it. In the United Kingdom marriage
invalidates any will made before marriage. So if your mother made out
her will prior to marrying your stepfather and made you her sole
beneficiary, you have a serious problem with your claim to sole
ownership of the home following your mother?s death regardless of what
she may have stipulated in her will.

WILLS AND PROBATE
http://www.lawontheweb.co.uk/basics/wills.htm

For all intents and purposes, if your mother made out her will prior
to her marriage to your stepfather, she has no valid will. Should she
die, she will die ?intestate?, or without a testament or will. The UK
laws pertaining to intestate succession are explained here:

http://www.lawontheweb.co.uk/basics/wills.htm#Dying%20without%20leaving%20a%20Will%20(intestate)%20-%20Who%20gets%20what?

Generally speaking, if your mother dies, and her estate is worth less
than £125,000 then her legal spouse gets everything.

If your mother?s estate is worth more than £125,000 then her spouse
would get £125,000 and a life interest (ie the right to take interest
on the remainder, but not the capital itself) in half of anything over
this sum. You (and your siblings, if any) would get half the sum over
£125,000 immediately and be entitled to the other half on the death of
your mother?s spouse. Should you die before this happens then your
children would be legally entitled to inherit your share in the same
manner.

This document will give you an idea of who is who in intestate
succession. Contrary to what your stepsister has claimed, note that
the term ?children? applies to biological and adopted children but NOT
step children:

http://www.autumngoldadvice.co.uk/pdfs/IntestateSuccession5.pdf

 
Now, assuming your mother DID make a legal will some time after her
marriage to your stepfather, or modified an existing will thus making
it legal after the fact, the property distribution will follow the
direction of your mother?s will. If the will leaves little or nothing
to your stepfather, he CAN claim legal rights to part of the estate
but how successful he will be will depend entirely on the court?s
opinion.


On the other hand, assuming your mother, in her will, left the house
to your stepfather, YOU would become the ?step child? and have no more
of a legal claim to the estate of the stepfather on his death than
your stepsister now has to your mother?s estate unless your stepfather
specifically makes those provisions for you in HIS will. That is to
say that given this scenario, your stepfather would indeed inherit a
large portion of your mother?s estate but his biological children
would receive nothing ? until HIS death, at which time you would be in
the same position they were in at the time your mother died.

At any rate, while your stepfather COULD theoretically challenge the
will and effectively gain control of a portion of your mother?s estate
through other means, your stepsister?s assertion that property
acquired by your mother prior to her marriage to your stepfather
somehow automatically becomes common or jointly owned property after a
prescribed period of time is erroneous and has no legal basis in fact.

I hope you find that my research exceeds your expectations. If you
have any questions about my research please post a clarification
request prior to rating the answer. Otherwise I welcome your rating
and your final comments and I look forward to working with you again
in the near future. Thank you for bringing your question to us.

Best regards;
Tutuzdad-ga ? Google Answers Researcher



INFORMATION SOURCES

Defined above

SEARCH STRATEGY


SEARCH ENGINE USED:

Google ://www.google.com


SEARCH TERMS USED:


WILLS

PROBATE

PROPERTY

INTESTATE 

SUCCESSION

LAW
UK

ENGLAND

Dear Tutuzdad,

Thank you so much for all your help and for the links that will help
me with further research. This is general info that I was unable to
dig out on my own and that my solicitor in England wanted to charge me
a truly exhorbitant amount for. (Sometimes the old joke about lawyers
and sharks seems to have a true basis in fact!!). Again, thank you for
your time and effort. I appreciate it.
Sincerely,
Jennifer

There are two separate legal points. 1) According to the Family Law
Act 1996, a spouse with no beneficial interest in a matrimonial home
has "matrimonial rights" to occupy the house during the continuance of
the marriage, but these rights terminate at the death of the spouse
who had the beneficial right. 2) In this case, the will would confer
the right to occupy the house upon the surviving spouse after death of
the spouse who had the beneficial right, but the will also transfers
ownership to a second person named as beneficiary.

In short, your stepfather has the right to occupy the home, but has no
ownership rights.

Family Law Act 1996
http://www.hmso.gov.uk/acts/acts1996/e1996027.htm#30.

"      (8) Even though a spouse's matrimonial home rights are a charge
on an estate or interest in the dwelling-house, those rights are
brought to an end by-
 

      (a) the death of the other spouse, or"

http://www.insolvency.gov.uk/pubsscheme/technical/techmanvol1/Ch25-36/Chapter33/part4/part_4.htm

hlabadie-ga

Jennifer

As tutuzdad said, your step-sister is probably wrong.

If your mother has left a VALID will and validity is important ... Was
she mentally competent at the time, etc. and do you know where the
original is kept?

(I know of a case where the deceased left a will but nobody could find it!)

If your mother has not left a valid will (and it's probably too late
now if she's mentally incompetent) then the rules of intestacy will
apply in which case your stepfather will be entitled to a large chunk
of the estate.

I hope, for your sake, that your mother was properly advised when she
executed her will.

Start checking the paperwork!

Good luck!

My sincere apologies ...

I confused hlabadie with tutuzdad.

Will I ever be forgiven?

(Grovel, grovel.)