Re: Should I ask?...Plse Help :(

newbie2009

Hi there. In 2001 i was declared bankrupt at quite a young age - no excuses required however years one I like to think i have learnt my lesson.

Last year after much begging i agreed to buy a house with my partner, i was always honest from the start and after advice it became apparent i hadn't a chance to be named on the mortgage.

In the end I agreed to hand over a sum of money i had saved for the deposit and the house.

...Cut to the chase we now own a lovely house, i only own a small % but we had an agreement drawn up by a solicitor and my notice of interest was noted on the land registry.

However...I have now discovered he has done a will (i saw his notes he didn't discuss it). Upon asking he said it was best but said nothing else.

I have no immediate family and have nothing if I loose the roof over my head. Should I ask him where i stand in this will or is this something you don't ask??

Also does anyone know where i stand legally...i feel upset as he's not told me anything and now i think he's hiding something.

I don't want to make the same mistakes i made before



x

sammyjammy

This question doesn't belong on this board, however legally your entitled to your % share of the house back on his death if thats what is drawn up by the solicitor, either that or your money back depending on how the agreement is drawn up.

Are you intending to marry? I can't advise you because I don't know you but if it was me I would consider it his only personal business and that he had every right not to share it with me, but then again you have bought a house together which assumes you have made an emotional commitment as well as a financial one.

If he hasn't left you the hosue in his will then assume the worst, that it will be sold.

Another question is do you pay anything towards the mortgage? If this is the case one could assume if you can prove this you would be entitled to more of the house....

Sorry if I've waffled just didn't want to read and run.

Sam

Mrs_Bumble

Tricky one really, you would hope that as you had both bought this house together that he would discuss something big like writing a will with you so I can understand you feeling a bit awkward now.

If you have an agreement drawn up in relation to your interest in the property then I would have thought that in the event of his passing away he will have left the property to XYZ and you would have to present the agreement to the estate to be settled before anyone else could inherit the property. But I am not a solicitor and so don't know.

Can you speak to him and just explain that you are a little concerned how it will affect any agreement etc and that as he now has drawn up a will it might be a good idea for you to draw up a will, maybe based on a reciprocal basis. As he might have left the house to you?

If it was me I would broach the subject but I am not the most diplomatic of people! Bit direct lol and that doesn't always go down well.

getmore4less

how is the place registered, joint tenent or tenents in common it makes a difference?

whitewing

I would guess that while your proportion would be protected, you would have to assume that if he died you would have to move house. If I were you, I'd be upset; however, guessing that you could still be relatively young, then I think he is probably being quite sensible and that it doesn't actually affect his feelings towards you. In that respect I would try not to worry.

In my opinion, if you started actually trying for a baby, or you got engaged, and he still refused to discuss it or show you, then alarm bells should be clanging. At that point, I would expect each other to be the main beneficiary.

newbie2009

we have tennancy in common...and im now starting to feel sick

whitewing

You don't need to feel sick. I can't see how you can be particularly worse off.

My fella and I bought a house together a couple of years ago as tenants in common. At that stage, we didn't make wills, just accepted what would happen if one of us died.

We got married last year and made our wills then.

You can wind yourself up about it, but the chances are he won't die yet anyway. If you force things too much, then you will end up losing him anyway.

Mrs_Bumble

newbie2009 wrote: »

we have tennancy in common...and im now starting to feel sick

If the title is registered as Tenants in Common then your part can't be left to anyone else.

It is only his part that he can leave.

I think that rather than worry about it you need to talk about it, as I said before he might have left it to you?

Is the mortgage in his sole name? Is their life insurance in place to repay the mortgage in the event of his death?

The will would be null and void if you do marry.

newbie2009

the mortgage is in his name, i cant be on it. I dont want anything that im not entitled too but i dont want to be left with nothing if anything happended or be left to fight about my half with whomever he's left it too?

whitewing

newbie2009 wrote: »

the mortgage is in his name, i cant be on it. I dont want anything that im not entitled too but i dont want to be left with nothing if anything happended or be left to fight about my half with whomever he's left it too?

You won't have to fight about what is rightfully yours. In the nicest possible way - stop worrying!

opinions4u

newbie2009 wrote: »

However...I have now discovered he has done a will (i saw his notes he didn't discuss it). Upon asking he said it was best but said nothing else.

While it's more than possible that he has had the will drawn up to protect your interests properly in the case of his death, I don't think it's unreasonable for you to ask what the situation would be should your partner die.

Equally, what does your will say? If you don't have a will, why not discuss with your partner what you both believe should be in it. That should open up the conversation nicely enough!

I have no immediate family and have nothing if I loose the roof over my head. Should I ask him where i stand in this will or is this something you don't ask??

While all relationships are different, from a personal perspective I think you absolutely have a right to know the contents of the will and to understand the reasoning for it.

Also does anyone know where i stand legally

Wills are a legal blank canvass. Challenging them after death is expensive and not guaranteed to succeed. See a solicitor if you are unable to have a discussion.

i feel upset as he's not told me anything and now i think he's hiding something.

It's possible that he's left his share of the property to another relative but ensured that you have a right to live there for as long as you choose. But I do think it's something that a couple should discuss openly.