Should I make my own will due to arguments

TBagpuss

Keep_pedalling wrote: »

In that case you are tenants in common and can leave your half to whoever you like and he can do likewise. If you were both crushed by a falling piano tomorrow your estates would be split as per your wishes, however most people do not go together, so there is a big problem for both of you if you don't make wills.

Most people in your situation would provide for their other halves by providing with a life time interest in their half of the house, because if you don't do that the house would probably need to be sold to provide the beneficiaries with their inheritance.

For your protection he needs to do a will as well, you just need to convince him that you have the right to pass your share onto your son.

Check this. If you are joint tenants then you would still be entitled to 50% each f you split, when it makes a difference is when one of you dies.

If you are joint tenants then you can 'sever the joint tenancy' which turns you into tenants in common (in equal shares unless otherwise agreed)

Becoming tenants in common means you can then make a will and leave your share of the property to whomever you want, and you can also allow for your partner to remain living their during his lifetime, or to prvode for him to be able to t remain there for a shorter time after you death (what you want may depend on how much the house is worth, and whether 50% would be enough to allow him to buy a new property.

jackyann

Be careful about the right to remain in the house: should the surviving spouse wish to move somewhere more suitable / convenient as they become more frail /unable to drive or similar, they need to have the right to sell the house & move elsewhere, whilst protecting their step-children's inheritance. It can get tricky, so needs careful advice.

I can see why the division between the children is a sticking point, depending so much on the family relationship that has existed previously. I hope you can find a suitable resolution.

PasturesNew

And don't forget, if he moves a new floozy in .... he has to sell up and release "your half" ... otherwise he could rewrite his will so his new floozy gets a lifetime interest on his half and it could go on for 100s of years!

Mojisola

sadie22 wrote: »

can I go and make my own will

Even if you go and see the solicitor together, you would still make separate wills.

They might be 'mirror wills' where the money is distributed the same way but they will be two independent documents.

There is also nothing to stop one of you changing your will in the future - a will isn't forever.

BobQ

Keep_pedalling wrote: »

In that case you are tenants in common and can leave your half to whoever you like and he can do likewise. .

Just because they both wrote a cheque for the deposit and paid a mortgage through a joint account does not make it tenants in common. What matters is what the Title Deed says and what supporting evidence you have to confirm the type of ownership. I agree the request for a % implies it might be TIC but the Title Deed might just name both as joint tenants for all you know (that would amount to 50% in a split)

OP needs to check

sadie22

Thank you all, I'm going to double check my title deeds tomorrow

nom_de_plume

You can check on-line for £3 - https://www.gov.uk/search-property-information-land-registry

getmore4less

Keep_pedalling wrote: »

Most people in your situation would provide for their other halves by providing with a life time interest in their half of the house, because if you don't do that the house would probably need to be sold to provide the beneficiaries with their inheritance.

Life interest in non married cases may potentially have unexpected consequences.

I did some reading a while back relating to interest in possession and discretionary trusts the PRR, CGT and IHT situations need careful consideration.

I still need another go on this to get a better understanding.

getmore4less

PasturesNew wrote: »

And don't forget, if he moves a new floozy in .... he has to sell up and release "your half" ... otherwise he could rewrite his will so his new floozy gets a lifetime interest on his half and it could go on for 100s of years!

AIUI the previous lifetime interest lapses so the new occupier does not have the rights over the full property exclusively.

Yorkshireman99

getmore4less wrote: »

Life interest in non married cases may potentially have unexpected consequences.

I did some reading a while back relating to interest in possession and discretionary trusts the PRR, CGT and IHT situations need careful consideration.

I still need another go on this to get a better understanding.

The OP and her partner each need to get paid for professional advice rather than relying on a NG