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Legal matters

What would happen in the event of my death?

2 replies

Horsemad · 04/03/2012 18:04

House in husband's name, he bought it before our marriage. We've lived in it all the time we've been married (18yrs).

He pays the majority of the bills, inc mortgage. I pay for the food & kid's expenses.

If we were to split, I'd be entitled to a share I suppose - but what would happen in the event of my death? Do I have the right to leave 50% of the value of the house to someone in my will?

Is it mine to leave??

OP posts:
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mumblechum1 · 04/03/2012 20:37

Hi there, no, you can only pass on what you own at your death.

If your husband died first, under his will, the house would pass to you and you could then dispose of it however you wish.

If this is a concern, you could transfer the house into joint names and/or take out a life policy, with your children as beneficiaries.

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sneezecakesmum · 05/03/2012 20:52

Could you persuade your husband to put the house in both your names as tenents in common? If he were to do this you could set up a trust in your will so that your half of the house is left to eg. your children, but you could put conditions such as only after his death, or he can stay in it as long as he likes or some such. The trust part is to safeguard him. Otherwise you could just leave it in your will to the cats home who could turf him out after your death!

If you are joint tenents you can't will your half of the property anywhere as your are deemed to both hold 100% of the property. It automatically goes to him (or you for that matter)

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