Married but can I leave half of our house to my children?

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
15 replies 2.8K views
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  • MojisolaMojisola Forumite
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    It would be worth registering matrimonial home rights to the property with the Land Registry.
  • edited 27 January 2018 at 11:29PM
    Keep_pedallingKeep_pedalling Forumite
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    edited 27 January 2018 at 11:29PM
    Surely she would be entitled to make a claim under the Provision for Dependents part of the law should he die leaving a widow completely unprovided for whilst leaving matrimonial assets to someone not his spouse?

    She could, but that would be an expensive and long winded process.
  • seven-day-weekendseven-day-weekend Forumite
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    My sister's house was only ever in her husband's name because he bought it before he was married and never thought to change it.

    However, he did leave her everything in his will, so she had the house changed into her name when he died.

    To the OP - you can't bequeath something you don't own.
    (AKA HRH_MUngo)
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  • Margot123Margot123 Forumite
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    My sister's house was only ever in her husband's name because he bought it before he was married and never thought to change it.

    However, he did leave her everything in his will, so she had the house changed into her name when he died.

    To the OP - you can't bequeath something you don't own.

    It sounds as though the OP isn't in such a trusting relationship as this example.

    They'd have no idea who the property was bequeathed to until the final will was located.
  • getmore4lessgetmore4less Forumite
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    Savvy_Sue wrote: »
    If the OP's husband dies without making a will, then indeed the house may well pass automatically to her.

    However it's not quite as simple as that, it used to be, but not any more.

    IF he has surviving children, grandchildren or great grandchildren

    AND the estate is valued at more than £250,000

    THEN the OP will inherit:
    • all the personal property and belongings of the person who has died, and
    • the first £250,000 of the estate, and
    • half of the remaining estate.

    The half she doesn't get is divided equally between his children, if any of them have died it could pass to his grandchildren or great grandchildren.

    See here.

    Now, it's quite easy for a house to be worth more than £250,000, so already it's complicated. If the children are just hers, then they don't inherit, but if he has other children then they DO inherit.

    Regardless of whose children they are, if they're under 18, then their 'half' has to be preserved in trust. If any of them are over 18 and want to force the sale of the house, they probably can.

    But what's worse is that if the OP's husband has made a will in which he has left the house to the cat's home, or to anyone other than his wife, then she COULD be forced out of her home.

    That's why I asked what his will said ...

    OP, I'd never lightly recommend divorce, but you say that this issue has caused the marriage to be rocky. It won't surprise me if you say that he would never consider going to marriage guidance counselling, but did you know that you can go to Relate on your own if he won't come with you? That might help you explore your options with a neutral listener, and might make him realise what he stands to lose.

    The last change simplified the distribution.
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