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Making a Will- should I insist 'new' partner allows DS to live in house?

(5 Posts)
freshstart24 Fri 29-May-15 12:27:40

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!

titchy Fri 29-May-15 12:43:34

You can always change your will once ds becomes an adult.... Until then let him stay in your home. And don;t die!

Mumblechum1 Mon 01-Jun-15 11:17:41

This can easily be fixed. You make a life interest in possession trust for your DP until his death or marriage to another woman.

At the same time you create a right to reside for your son, which would normally end at 22 (end of Uni).

If you want any more info please ask!

freshstart24 Tue 02-Jun-15 08:50:07

Mumblechum, thank you for your clear advice. I am unclear as to the logic of removing the right of possession from DP should he marry (we aren't actually married, not sure if the it relevant)? If I am dead and gone, I wouldn't want to make it any harder for him to move on and be happy?

Would you be able to clarify this please?

Mumblechum1 Tue 02-Jun-15 09:58:40

if you don't have the remarriage clause there's a possibility of the new wife preventing or at least delaying. The sale of the property to pay your son (under the Matrimonial Homes Act.) if they divorced, again it may be difficult to get the new wife out of the house
I'm sure you'd rather your son was prioritised after your DP dies rather than a new wife.
Sorry i'm on my phone.

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