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prettypolly

Posted by: prettypolly
25/10/09 at 9:26 pm

Can anyone help me?  My father has recently divorced.  His ex is from the phillipeans.   As part of the divorce settlement his ex an can live in his second property until a) she dies b) goes to the phillapeans for more than 6 months or c) has someone move in with her.   Since the divorce he has changed his will leaving his entire estate to my sister and I.   When my father die does his divorce settlement become null and void or is she still entitled to live in the property until such time one of the 3 conditions are met. 

My Dad's marriage to this woman lasted approximately 10 years although the last 5 years they have been seperated.   Most of my Dad's estate is from the marriage of him and my mother.   I am most concerned that she will be entitled to stay in the house and being as she is of roughly the same age as me she could quite easily outlive me.  

I hope you someone can help.

prettypolly

 

 

There are currently 2 replies.

Re: prettypolly

Posted by: Suzanne Kingston, partner, Dawson's Solicitors
29/10/09 at 2:54 pm

You have not provided me with sufficient information in order to give you any detailed advice in your case. I would need to see the terms of the settlement to advise you further.

 

I recommend you provide the terms of the settlement to a solicitor to obtain full legal advice. A good place to look for a suitable lawyer would be the Resolution website www.resolution.org.uk which is an organisation of family lawyers.

Re: prettypolly

Posted by: MishMash
18/11/09 at 3:02 pm

The usual terms of a separation or divorce agreement state that the spouse shall reside in the former martimonial home (or similar) until their death or remarriage.  These terms are absolute, and so should your father pre-decease her, she shall remain entitled to reside within the property subject to the terms of the divorce agreement.  Make sure you stay on top of things.  Have you got in your possession a copy of all your fathers important documentation at hand? have you a copy of the separation agreement, divorce terms and appropriate Will? I know it may sound patronising, but do make sure you have a read through every so often of the documents as new issues may come to light and you may be able to accelerate the process of her having to move out of your fathers property.  Hope that helps.