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Ownership of my house after my death

fryderykchopin
fryderykchopin Posts: 83 Forumite
Fourth Anniversary 10 Posts
edited 18 November 2020 at 8:55PM in House buying, renting & selling
Here is my situation:
I bought my first house this year and I am the only legal owner of my house, my name is the only name that appears on the Title Register from the Land Registry and on the mortgage.
I'm single at the moment but I will get married next year. In the event of my death, I would like my wife to: A) keep the house, and B ) have enough financial stability.
Point B wouldn't be a problem because my workplace pension scheme would pay a lump-sum of 3 times my annual salary to the person that I nominate, who will be my future wife. This amount is enough to pay off the mortgage so the house would become mortgage-free if I die. She would also receive enough income from the spouse's pension.
My concern is about point A: what would happen with the ownership of the house? The money she would get from the life cover of my pension scheme would be enough to pay off the mortgage and this is what I would like to happen, so she can keep the house. However my future wife's name is not in the title register or mortgage, plus she had to sign a letter of consent and postponement by deed for the lender, so I wonder if the bank would just sell the house to recover the loan if I die, instead of taking the money from my wife and giving her the house.
If we get married and I die afterwards, does my wife become the new legal owner automatically and takes the mortgage debt from me, or should I make a will and put her name there so she can receive the house in inheritance?
I hope my question is clear enough. Any light on this would be appreciated.
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Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I wonder if the bank would just sell the house to recover the loan if I die, instead of taking the money from my wife and giving her the house.
    Why on earth would the bank want to do that, even if they could? Repossessions involve large costs and risks for lenders, they'd infinitely prefer that somebody just sends them the money. You're worrying unnecessarily. Your wife would redeem the mortgage and transfer title to herself.
  • AnotherJoe
    AnotherJoe Posts: 19,622 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic


    If we get married and I die afterwards, does my wife become the new legal owner automatically
    No. What does your will say?
    and takes the mortgage debt from me,
    No. You cant inherit a mortgage.
    or should I make a will and put her name there so she can receive the house in inheritance?
    Yes of course you should.
    I hope my question is clear enough. Any light on this would be appreciated.
    Just do the bleedin' obvious and make a (new?)  will.

    If you are as young as you sound, you'll also find that life insurance should be very cheap and will enable the mortgage to be paid off , making the lump sum more than just a cheap flawed life insurance.
    Flawed because what happens if you move jobs and the new job doesn't come with that, or enough, or you are between jobs / out ofa job (someone i know of, their husband died between jobs, the work  insurance didn't pay out since he'd left old job and he hadn't started the new one so no luck there either..)

  • Am I the only one noticing he said he’s single and will marry next year thinking it’s that simple to find someone 🤣
  • Carl2510 said:
    Am I the only one noticing he said he’s single and will marry next year thinking it’s that simple to find someone 🤣

    Arranged marriage? mail order bride? Perhaps 'single' means not living with wife-to-be and that's why the sole mortgage was mentioned?

    Make a will in contemplation of getting married next year, assuming you know who your wife is going to be. House goes to wife, mortgage is paid off by death in service benefit (assuming wife-to-be is named in the expression of wishes and you are still working with the same company).
    Mortgage started 2020, aiming to clear 31/12/2029.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 November 2020 at 11:12PM
    Carl2510 said:
    Am I the only one noticing he said he’s single and will marry next year thinking it’s that simple to find someone 🤣
    Arranged marriage? mail order bride? Perhaps 'single' means not living with wife-to-be and that's why the sole mortgage was mentioned?
    Or it could just mean "unmarried", not that there isn't already a (possibly cohabiting) fiancee.

  • Make a will in contemplation of getting married next year, assuming you know who your wife is going to be. House goes to wife, mortgage is paid off by death in service benefit (assuming wife-to-be is named in the expression of wishes and you are still working with the same company).
    My understanding is that a marriage can invalidate a will, so would need updating after the wedding if done in anticipation. (I work in end of life care, often have patients doing both wills and wedding close together, always wills second)
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I would be very surprised if the mortgage lender did not recommended that you take out Life assurance to at least cover the mortgage.
    If you do get married then Joint Level Term Life Assurance with guaranteed monthly single premiums would be a very good idea.
    Maybe critical illness cover as well if you have children 
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Without a will if the op has children the estate assets depending on value may not all go to his future wife. 
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    If you die without a will, there is an established hierarchy of who gets what. Intestacy.
    https://www.gov.uk/inherits-someone-dies-without-will

    1. Spouse
    2. Kids/Grandkids. (If the estate is £270k+, then the spouse gets the first £270k plus all "personal possessions" 50% of the rest, the rest goes to the direct descendants.)
    3. Parents
    4. Siblings
    5. Half-siblings
    6. Grandparents
    7. Aunts/uncles
    8. Half-aunts/uncles
    9. The Queen.

    If you wish to vary that, then a will is the way to do it. Notice that an unmarried partner is nowhere at all on the list.

    When you die, your estate needs to repay any debts - including the mortgage - from any assets. Then any assets remaining are distributed. If the mortgage can be paid from other assets, the house does not need to be sold. The life insurance payout should cover that.
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