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Stepchildren and wills

(15 Posts)
Clarebear48 Tue 11-Apr-17 09:50:45

My dp and I are buying a house together. We are putting in equal amounts of deposit and splitting the mortgage 50/50. I have three adult children and he has two. We have seen a solicitor about writing a will, and if I go first my half will be put in a trust for my children, and he can stay in the house until he dies.
The house is worth 465'000 which upon my death will be paid off with a life insurance, dp can stay in the house, until he dies. My question is, any equity made on the house, once we have both passed, I think should be split five ways, my dp thinks it should all be split 50/50. Am I right or wrong? Should it just be a 50/50 spilt.
Confusing myself ☺️

JaxingJump Tue 11-Apr-17 09:53:30

50/50!

JaxingJump Tue 11-Apr-17 09:54:04

He has a 50% share in the house and you have a 50% share in the house. It's very simple!

HappCatt Tue 11-Apr-17 09:58:12

50/50. Half split between your three and half split between his two. Suprised you had to ask. wink
😃

somethingwitty3432 Tue 11-Apr-17 10:04:00

Think it depends on how you view your step children - if all five are treated as your family then I can see why you'd want it split five ways. If you're not a close family & live separate lives I'd see why it should be 50/50. You could do either, neither is right or wrong just a decision you have to make together

Clarebear48 Tue 11-Apr-17 10:23:44

We are a close family. My reason for splitting it five ways is because it will be our family home, hopefully for many years to come, where we are both paying equal amounts. If i had two children and he had three I would think the fairest way would be to split the equity five ways, they all get an equal share of the equity, but half of what we bought the house for.

HappCatt Tue 11-Apr-17 10:31:55

I still think 50/50 especially as your DC are already adults.

JaxingJump Tue 11-Apr-17 10:34:03

I think you are looking for a reason to get more for your kids at the expense of his which is ultimately what you would be doing.

If you both see the kids as 'your 5 mutual children' that's fine. But it's also fine to protect you own adult children's inheritance. Do you raise each other's children?

Clarebear48 Tue 11-Apr-17 10:45:23

Definitely not looking for a reason for mine to get more. Is it fair that his two get 25% of the equity and mine get just over 16% each when it will be seen as their family home where we have paid equal amounts in?
My dd is moving with us, his ds lives with his mum and the other three live independently of us

JaxingJump Tue 11-Apr-17 10:51:53

They are adults and although they may come and go from there for another while, it's time for them to get their own homes. It's an inheritance you are talking about. And your DP owns 50% of the house so he owns 50% of any capital gains. His assets are to go to his children and yours to yours. It is completely fair.

HappCatt Tue 11-Apr-17 10:59:01

Yes it is fair that his get 25% and yours 16%. He should give his inheritance to his DC and you should give your to your DC. If he had adopted them (or effectively adopted them) that would be different

Clarebear48 Tue 11-Apr-17 11:04:26

Thanks for helping. Will definitely split 50/50. Just wanted to make sure I was doing the right thing for my children, even if they are adults. They have no inheritance from their dad, whereas my dps children have a substantial inheritance from their mum.

exPatinthesun Tue 11-Apr-17 11:08:08

Inheritances from other parents are irrelevant but I think you know that...

You both put in half you both have half to pass on to your children. Don't be one of those step parents OP come on its obvious!

Leviticus Tue 11-Apr-17 12:29:43

MIL has exactly this issue - 5 children between her and stepFIL. They've gone 50/50 - hers with get 1/4 eventually and his 1/3 of his half.

Leviticus Tue 11-Apr-17 12:34:17

I think if you imagine what you would want to do if he had 7 DC and you had 1 it becomes clearer.

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