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House deeds

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  • Keep_pedalling
    Keep_pedalling Posts: 20,987 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 February at 3:15PM
    Emmia said:
    Thank you for your advice, however as someone mentioned will can be replaced at any time. All I want for myself is to have a proportion of the house on my name that would equal my contributions for 16 years. If not done that to me looks like the partner used me and my financial contributions but wants to save all the assets for his children that are not bothered to come and see him when he was almost on his deadly path.... They were all busy.... I have been the one to look after him all these years (he's been 4 times in a bad health crisis )work and take breakfast to bed and I am not happy to be kept in a dark at my old age, so yes you are right. Talking is needed but he doesn't want to talk. 
    Thank you once again, it's interesting to know what other families did in a similar situation. 
    How much does this matter? If he won't talk or give you some formal ownership then would you divorce and seek a financial settlement as part of that?

    His dying intestate would leave everything to you as his spouse automatically, but a will with different wishes leaves you in a tricky position. It's probably time to start the conversation.
    Only if his estate was below £322k, anything over that it is 50% to the spouse and 50% to his children.

    perhaps he needs a bit of education.

    No will - all or the bulk of his estate goes to you, and his children lose out.

    Will creating a life interest for yourself with the house going to his children on your death - everyone is provided for.

    Will leaving everything to his children - Leaves behind a disputed estate, significant legal cost and possibly a big IHT liability as his estate will have no spousal exemptions.

    He really should sit down with a STEP solicitor for independant advice on the best way forward. 

    What about your own estate? Do you have significant assets of your own? Do you have any children?
  • poseidon1
    poseidon1 Posts: 1,432 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Thank you for your advice, however as someone mentioned will can be replaced at any time. All I want for myself is to have a proportion of the house on my name that would equal my contributions for 16 years. If not done that to me looks like the partner used me and my financial contributions but wants to save all the assets for his children that are not bothered to come and see him when he was almost on his deadly path.... They were all busy.... I have been the one to look after him all these years (he's been 4 times in a bad health crisis )work and take breakfast to bed and I am not happy to be kept in a dark at my old age, so yes you are right. Talking is needed but he doesn't want to talk. 
    Thank you once again, it's interesting to know what other families did in a similar situation. 
    I confess you are in a most unsatisfactory situation. Although there is not a great deal you can do to safeguard your position prior to husband's eventual demise, you do have statutory rights ( post death ) if you are effectively disinherited.

    This is by virtue of the the Inheritance ( Provision for Family Dependants  Act ) 1975 - see link to blog below 

    https://lawhive.co.uk/knowledge-hub/wills-trust-probate/can-you-disinherit-your-spouse/

    There are a range of reliefs under the act upto and including the appointment of assets to the disinherited spouse.
  • badmemory
    badmemory Posts: 9,665 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I would definitely be ensuring that I had as much personal savings as I possibly could.  I will be extremely blunt here - do not pay for his funeral yourself, it can come out of his accounts, the banks will pay it if the funeral director sends it to them.  I did say I was going to be blunt, but you need to protect your own interests as no-one else will.
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