My dad bought a house BEFORE marriage to his new wife, Anj. She is from abroad. My sisters are living there with him and Anj now but my dad is under financial pressure so is considering remortgaging it with Anj. I know the law says that the property is only his at the moment, as it was bought before marriage. But if he does remortgage with her, does that give her rights on the house and can she chuck my sisters out and claim it as hers if they divorce or if my dad dies? Thanks
I would say that as his wife, regardless of whether she is listed on the title of the property, that she has an interest in the property. I think this would be the same whether he remortages it or not. Your dad needs to sort out his affairs so that when he dies there is not some terrible argument over what happens. Mustafa or Ethel will probably know the legal answer to what rights she has after he dies.
Scottish Law -the house is his as he owned it before marriage.No doubt as I have checked myself.As long as there is a will stating expression then next of kin does not have automatic right to heritable property.I wouldnt recommend he takes out a loan with her name on as you never know where the bloody house will eventually end up -mark my words I have thought long and hard about this and the next house I buy will go directly into my childrens names - cut out the middle man.
English Law i'm sorry is an unknown quanity to me.