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If a husband owns marital home outright ( not in wife's name ) what happens if dies intestate ?

(23 Posts)
gingeroots Wed 20-Jan-16 11:08:24

Have been googling and trying to understand but everything seems to refer to joint or tenancy in common .

TIA

Headmelt Wed 20-Jan-16 11:12:11

Did he have a will? If you were legally married?, usually you would be entitled to part ifor his estate. Did he have children?They would also be entitled to a share in his estate.

ImperialBlether Wed 20-Jan-16 11:13:11

How much is the house worth and do you have children? These will have a bearing on the answer!

ImperialBlether Wed 20-Jan-16 11:14:37

I was amazed when a friend's father left the house to the children. It was worth less than £250,000 which is the point where children have a claim. They 'allowed' their mum to live in it until she died.

I couldn't see how the house belonged to him alone, if they married. Surely it would be a marital asset?

ImperialBlether Wed 20-Jan-16 11:16:43

According to the Citizen's Advice website:

If there are surviving children, grandchildren or great grandchildren of the person who died and the estate is valued at more than £250,000, the partner 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.

If there are no surviving children, grandchildren or great-grandchildren, the partner will inherit:
•all the personal property and belongings of the person who has died and
•the whole of the estate with interest from the date of death.

NotCitrus Wed 20-Jan-16 11:22:48

What Imperial said, as long as the partner is a spouse or civil partner. If they aren't, they are stuffed (worst case scenario).

RhodaBull Wed 20-Jan-16 11:26:44

This happened to my mother. My father died unexpectedly and house was in his name. No real issues apart from long delays accessing bank accounts (also only in his name). But no problems regarding my mother inheriting everything.

ImperialBlether Wed 20-Jan-16 11:29:43

Yes, completely different if you're not married.

howabout Wed 20-Jan-16 11:33:07

If they are in Scotland then spouse inherits the family home on intestacy. Just had to google to double check as my qualifications are old and dusty. Surprised this is different in England?

ImperialBlether Wed 20-Jan-16 11:36:18

If the house is over £250,000 then the children have a share, howabout. How does that work in Scotland?

howabout Wed 20-Jan-16 13:36:19

Only exception is if the home is attached to a larger property which is a business eg farm and then the entitlement is £300k, so generally the DC do not have a share.

www.gov.scot/Publications/2005/12/05115128/51285

I think this is the most up to date legislation but although I have a Scottish law degree I am not a practising lawyer.

My DH is English and we have lived in England and Scotland so we encounter these sort of legal differences quite often.

howabout Wed 20-Jan-16 14:52:03

www.scottish.parliament.uk/ResearchBriefingsAndFactsheets/S4/SB_15-45_Inheritance_law_in_Scotland.pdf

Curiosity got the better of me so I did a bit of digging for more indepth and up to date Scottish guidance. There actually is a limit which is currently £473k but also there are proposals to simplify the system and remove the distinction between heritable and moveable property. Always better to have both names on the deeds and make a will. smile

juneau Wed 20-Jan-16 15:00:15

If someone dies intestate then their estate passes to their next of kin, whoever that is. If married, then its wife/husband. If divorced/widowed and has kids, then kids. If single/unmarried then parents, if alive, or siblings if not. If no close relatives are alive then it would to next closest relative - aunt, uncle, cousins, etc.

gingeroots Wed 20-Jan-16 17:23:44

Thank you everyone .

I had somehow got the idea that if the spouse owned the home/not jointly ,then things might be different .

Overthinking things !

fastdaytears Wed 20-Jan-16 17:27:59

juneau that's not right. There's a limit on how much can pass to the spouse if there are also children.

Next of kin has no meaning in English law (other than very specific somewhere in the adoption act).

ginger (hi again!) it all depends on the value basically. As PP have said. There are loads of flow charts online which are the best way of figuring it out I find. Nice and visual!

gingeroots Wed 20-Jan-16 20:58:33

Hi fastday - yes me again .I was wondering about the rogue executor's previous handling of the father's estate .
He apparently left her half of the marital home ,tho I can't find a will .

But really ,sufficient unto the day are the troubles with the mother's estate..

gingeroots Wed 20-Jan-16 20:59:11

or a grant..

fastdaytears Wed 20-Jan-16 21:05:47

One problem at a time for you I think my love!

Even if it's an intestacy, if dad owned the house then there must be a grant somewhere... Was it a long time ago?

gingeroots Wed 20-Jan-16 21:19:23

He died in 1994 .I suppose that's a long time ...

fastdaytears Wed 20-Jan-16 21:22:11

Most likely too early to get it online, but should be fine to get by post as long as you have a rough idea of the date of death.

gingeroots Wed 20-Jan-16 21:41:11

Yes ,I have the date of death .

Umm ,I 'm sorry to ask for more advice blush but how does one get copies by post ?

fastdaytears Wed 20-Jan-16 21:43:19

No problem! Just fill out this bad boy

hmctsformfinder.justice.gov.uk/courtfinder/forms/pa001s-eng.pdf

I find it more reliable for older estates than the online system because the team who these forms go to are basically geniuses when it comes to tracking down docs.

gingeroots Wed 20-Jan-16 22:10:58

Oh wow ,thank you !

You're good at this ,aren't you ?

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