I am buying a house with my partner of 5 years. We will be tenants in common. owning a 50% share in the property. We have each put down the same amount of deposit (£50k).
I have a DS aged 8. DS sees his Dad every other weekend. His dad is financially unreliable, he does not earn a 'proper' wage (he has a hobby which he sees as a job). I supported him for years, saw the light and ended things. He cannot afford to rent anywhere to live, he is currently lodging with a friend but friend has asked him to leave soon. I am not trying to slag off my ex, he is a good dad in many ways but the thought of me dying and him becoming financially responsible for DS is terrifying.
Anyway, I am planning to leave my share of the house to DS. However, there will be a clause to say that DP can live in the house for as long as he likes- when he sells it though, my share will go to DS (managed by trustees until he is 24 as EXP will decide to but a porche etc with it if he gets to influence DS).
DP is leaving his share of the house to me.
So my question is- is it reasonable for me to put a clause in my will that DP can only stay in the house as long as he wants (therefore delaying DS getting his share), provided that DS can live there too if he wants/needs to. I realise DS may want to live with his Dad and that is fine but I would hate the thought of him not being welcome to stay there is he needed to. The problem then becomes that if DS was still young DP could not be expected to become his 'parent' and look after him full time.....
The second issue is that this could great a situation where DS carries on living 'at home' as an adult, rent free because my will had said DP needs to give him my share of the house unless he can live there.
Any advice would be great!
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AIBU?
AIBU in specifying in my will that 'new' DP allows DS to live with him or hand over my share of property?
32 replies
freshstart24 · 29/05/2015 12:29
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