Cohabiting and he wants to leave house to kids

elona

Headchef

Good luck with the solicitor.

I agree that Martin has started more than he bargained for with the website but Thank God he did!

There is also a health board that could be worth browsing and I have saved a lot of money by using tips from Moneysaving Old Style.

We will all be thinking of you.:A

headchef

MY understanding of what the solicitor said is this (please don't take this as legal advice, it is just what I remember and I don't have a law degree!):
you can put anything you want in a will, but this doens't mean it isn't open for someone to contest. BF could leave the house in trust for my life time and his children would benefit on my death by inheriting his share. However if the children happen to be under 18 or in full time education when BF passes away the mum's would have a good case for contesting the will because said children are still dependents (and I guess the mums need the money for them now and not 'sometime whenever').
On the other hand a judge would also take into account BF's wishes in his will. So it sounds like the situation could become very messy with a court ultimately deciding the outcome.
Solicitor said one way to avoid this would be for BF to put a provision in his will to set aside a certain amount of money per month equal to the maintenance payments for the children. (Problem is, where would that money come from if not the house or insurance policy?? Anyway - that's my problem).
I'm a little clearer on the legal side but no further forward. Guess next step is to chat to BF!

mightymo_2

Just an idea... why don't you take out a joint life policy with regard to the mortgage - so if either of you pop off, the mortgage is covered. Then leave your respective shares in the property to each other as "beneficial joint tenants". Your boyfriend could then leave the sum assured from his other life policy in trust for his children. (To get the Trust Deed, you just need to ring the life insurance company and they will send you their standard copy. He would just need to fill it out, get it signed & witnessed, then send it back to the insurance company for noting in their records).

My partner and I have done something similar to this. We have a child each from our previous marriages. We have both taken out a life policy for which we set up a trust deed for the proceeds to go to our respective children (this then takes care of the maintenance issue - the trustees could arrange for a payment to be made to the child's mother on a weekly/monthly/whatever basis).

We then have joint life policy, the proceeds of which will go to the survivor of us. We are renting at the moment, so we don't have the property issue.

Just a thought... hth

Mo x

headchef

Thanks Mo. We did try this before but as BF is over 40 and an insulin dependent diabetic the premium for him was stupidly high. Although we did only try one company. Does anyone out there know of a good insurance company who does not charge stupid premiums for diabetics?
Just thought - maybe his existing insurerer will extend or add on to the policy! He took that out when he was 18.
I would still be interested to hear if anyone has found a good company though!

mightymo_2

Oooh - I'm afraid I can't help you there. Perhaps you could try posting on the insurance/life insurance board. Somebody there might be able to help you?

Swattie

Head Chef,

Make sure you keep all the evidence that you are the one currently paying the mortgage (and have been over the past 2 years) and in effect 'keeping' him.

it may mitigate any problems you have later on.

headchef

Swattie
I can't say this enough __ i posed the same qestion. response was: "IT IS VERY DIFFICULT!! "You entered into the agreement [over the split of the house] under your own fee will". Therfore very difficult to sway a court - sol said 'well if you were married it would be quite different'!!!

Please let unmarried women know this!!!xxxxx

headchef

i meant FREE Will of course

margaretclare

headchef wrote:

Swattie
I can't say this enough __ i posed the same qestion. response was: "IT IS VERY DIFFICULT!! "You entered into the agreement [over the split of the house] under your own free will". Therfore very difficult to sway a court - sol said 'well if you were married it would be quite different'!!!

Please let unmarried women know this!!!xxxxx

So what are you saying, Headchef? Pointing out the difference between cohabiting and being married?

People live together nowadays and think it's exactly the same. But your talk with the solicitor shows that it is not!

Best wishes

Aunty Margaret

headchef

Dear Swattie and Aunty Margaret

My earlier post sounds a bit ranting! Ooops that's what a bit of warm weather and too much wine produces. Sorry if I sounded a bit OTT.
Yes you are right though - there is a huge difference in legal status between co-habiting and married couples. Not arguing for 'equal rights' but suddenly got so worried that people fall into 'living together' without realising what they can and can't expect.
i wasn't completly niave about this, but it did alarm me when he told me that!
Must investigate some of the suggestions posted here again - I'm sure I can find a cheaper premium via the other sites (thanks Mighty Mo)