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AIBU?

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leaving children & step children our house in our will.

91 replies

GingerStephenson · 26/02/2025 17:19

My husband finished paying for his house when we were still courting. Since then we have married & lived together (for approximately 9 years). As we have gotten older, there has been discussions about selling up, moving away, & what to do regarding the house once we have passed. The discussions only ever mention him, myself & his children. I don't want to sound like I'm 'money grabbing' but what about my children. its such a difficult topic to discuss as I only had rented accommodation, however, I have contributed, financially, to the house since living together. Please advise & TIA.

OP posts:
UndermyShoeJoe · 26/02/2025 20:40

Icanttakethisanymore · 26/02/2025 20:36

i guess that depends how much she’s being left and what happens if she dies first. She can’t leave a share of the house she doesn’t own to her children (f she dies first) so he would need to provide for them in his Will (in order for them to inherit).

That’s the risk you take when you rely on someone else leaving your children an inheritance.

It’s why it’s alway recommended to not leave your entire estate to a second wife or husband incase your own children don’t get left anything. Here we have the second wife worrying that her children won’t get what her husband acquired before their marriage. Basically wanting to take from the first children to her own which are not her husbands.

Icanttakethisanymore · 26/02/2025 20:36

UndermyShoeJoe · 26/02/2025 20:30

But she’s being left things. Her argument is her children are not in his will.

She might have half the house and his children the other half split between them.

i guess that depends how much she’s being left and what happens if she dies first. She can’t leave a share of the house she doesn’t own to her children (f she dies first) so he would need to provide for them in his Will (in order for them to inherit).

Icanttakethisanymore · 26/02/2025 20:33

I've only skimmed the comments but most people seem to be ignoring the fact that his house would be considered a marital asset and you’d be likely awarded some portion of it if you were to divorce. To that extent the Op does have a claim for some share of their marital asset to pass to her kids. As this thread demonstrates though, people tend to think differently about what’s fair in divorce vs what’s fair in death.

UndermyShoeJoe · 26/02/2025 20:30

Icanttakethisanymore · 26/02/2025 20:30

That’s true but she could contest a will that excludes her on the basis of it being a marital asset. You can’t bequeath something which you spouse would be awarded in a divorce to anyone other than your spouse (well you can, but it could be contested).

But she’s being left things. Her argument is her children are not in his will.

She might have half the house and his children the other half split between them.

Icanttakethisanymore · 26/02/2025 20:30

UndermyShoeJoe · 26/02/2025 20:15

That’s for a divorce. If he owned it prior then her name won’t be on the deeds unless added later so currently she owns zero so there no automatic inheriting the other half depending on how named on the deeds.

That’s true but she could contest a will that excludes her on the basis of it being a marital asset. You can’t bequeath something which you spouse would be awarded in a divorce to anyone other than your spouse (well you can, but it could be contested).

Hankunamatata · 26/02/2025 20:25

He owned the house when you met. As wife I would expect to be qvle to livening the house until I die but then then value of the house would go to husbands children. You didn't bring any assets to the marriage bit much you want a chunk of the house for your kids. Buy your own investment property if you want your kids to have something

Coconutter24 · 26/02/2025 20:20

GingerStephenson · 26/02/2025 20:02

In answer to your question 'what have I contributed to the house in the 9 years I have lived there?'
I have paid for repairs, improvements, furnishings etc. I have also paid for the upkeep of the house & bills since he retired some years ago & I am still working full time, whilst I can, in order to pay for the above.

You have contributed for those things and you are in the will 🤷‍♀️

Starzinsky · 26/02/2025 20:19

Does sounds grabby though to be fair. If I owned a house before I met someone I wouldn't expect to give my capital away to their kids. Contributing to the upkeep is general living costs not capital.

BMW6 · 26/02/2025 20:18

So as you've been working full time all these 9 years surely you've got considerable savings?

You say you've paid for repairs, bought furniture etc but those expenses aren't frequent are they. Other bills are for consumables.

You haven't paid rent or the mortgage. How much do you think you have spent in total on the structure of the house?

missmollygreen · 26/02/2025 20:17

Runningoutofthyme · 26/02/2025 20:05

Why would you do that? What does your dp contribute?

Other than the whole fucking house you mean?!

UndermyShoeJoe · 26/02/2025 20:15

converseandjeans · 26/02/2025 20:13

Sorry just saw husband. Surely it's a joint asset?

That’s for a divorce. If he owned it prior then her name won’t be on the deeds unless added later so currently she owns zero so there no automatic inheriting the other half depending on how named on the deeds.

converseandjeans · 26/02/2025 20:13

Sorry just saw husband. Surely it's a joint asset?

converseandjeans · 26/02/2025 20:12

I would start off an ISA for each of your children & start putting money aside for them that way. Then don't be forthcoming with money for repairs. Are you married?

UndermyShoeJoe · 26/02/2025 20:06

Regardless of you paying towards it he can put whatever he wants in his will.

Unless you wish to contest it.

Basically whatever in the will left to you is for you to then share with your children. what he leaves his children is up to him.

Runningoutofthyme · 26/02/2025 20:05

GingerStephenson · 26/02/2025 20:02

In answer to your question 'what have I contributed to the house in the 9 years I have lived there?'
I have paid for repairs, improvements, furnishings etc. I have also paid for the upkeep of the house & bills since he retired some years ago & I am still working full time, whilst I can, in order to pay for the above.

Why would you do that? What does your dp contribute?

GingerStephenson · 26/02/2025 20:02

In answer to your question 'what have I contributed to the house in the 9 years I have lived there?'
I have paid for repairs, improvements, furnishings etc. I have also paid for the upkeep of the house & bills since he retired some years ago & I am still working full time, whilst I can, in order to pay for the above.

OP posts:
notatinydancer · 26/02/2025 19:45

I wouldn't leave my house to my step kids.

EverySaturday · 26/02/2025 18:58

How old are your children? Has your husband had a parental role with them? If they are adults and still see their dad I'm not sure they will have the same expectations as you do to inherit from the house. It may feel different to them if they are still children and have grown up in the house with step siblings who are a similar age.
What I think you could do is have a conversation with your husband about how you would like to give your children something and how you could achieve that. I am assuming you are the lower earner. How do your joint finances work? If your husband is happy for you to reduce your contribution to household maintenance and joint bills could you start to save something for your kids?

SemperIdem · 26/02/2025 18:28

I’m assuming the children aren’t young?

I don’t see why they would inherit from a property that was fully paid off when you were still in the early stages of the relationship.

HelloNorthernStar · 26/02/2025 18:25

Depends on the contribution you say you have made but it is just for running costs and general living expenses I don’t see why you would expect your kids to get a stake in the house in his will. If I was your DH I would have protected my house already in the event if my death.

100percenthagitude · 26/02/2025 18:24

What about your children?

You clearly think they are owed something from the sale of the house as you have lived there for nine years. I guess the starting point is what have you contributed in that time? Monthly upkeep (ie rent equivalent) or capital investment/improvements?

What is your personal estate looking like? Have you got intentions of leaving anything to his children?

SometimesCalmPerson · 26/02/2025 18:19

Your children will benefit from what is willed to you.

Children aren’t owed inheritance from step parents.

Duggeewoof · 26/02/2025 18:17

He finished paying the mortgage when you two were still dating. The house should be left to his children only with you being able to stay in the property until your death.

Poppins21 · 26/02/2025 18:15

endofthelinefinally · 26/02/2025 18:14

You need advice from an estate planner. Otherwise you could end up with a complete mess. MN is full of posts about inheritance catastrophes due to ignorance of the law.

Great advice.

Poppins21 · 26/02/2025 18:14

You didn’t bring assets into the marriage so I think it is entirely reasonable he leaves it to his children not yours. I hope he leaves you a life interest in it though.