My dad bought a house 10 years BEFORE marriage to his new wife Anj who is from abroad. My sisters are living there with my dad and Anj at present. My dad is under financial pressure and is considering remortgaging the property with Anj under a joint mortgage. I believe that at present the house is safe from her clutches because it was bought before marriage BUT if he does re-mortgage with her does that give her rights on the property and can she chuck my sisters out and claim it as hers if they divorce or if my dad dies? Thanks
She has certain rights over property as his legal wife in any event, but no mortgage company will consider a remortgage with her unless her name is also on the title deeds, making her joint owner with as much rights as your dad.
As it stands at the moment, if your dad dies without making a will, she will stand to inherit the first �125000 of the estate and half of the rest in trust for her lifetime.
If her name is on tthe title deeds she will inherit the house, or half of the house, depending on the way it is owned.
This is of course assuming the mortgage is paid off.
there are succession rights, prior and legal rights, in scotland, no matter what is in the will, prior rights and legal rights will always be preferable, but i believe in england you don't have the right to challenge a will, be it moveable or heritable property, you do in scotland.