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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To leave my house to my children and not my husband

333 replies

Moiraroseee · 06/03/2026 07:24

I have two children and my main priority is ensuring they are always well taken care of. I am married to a lovely man who is not their father but has been in our lives for many years (firstly as a family friend prior to our relationship). For various reasons, when we bought our family home, it was practical for me to be the only person named on the mortgage and I supplied the entire deposit. The question I have is, if I die am I able to leave the house entirely to my children? He is not named on the property (although circumstances have now changed and he could be added now) - but since we are married is the property automatically 50% his and therefore would I be unable to leave it all to my kids?

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Cottagecheeseisnotcheese · 06/03/2026 08:26

I'm no lawyer but I do remember reading somewhere that if a will leaves someone considerably worse off than a divorce would it will probably be contestable. Also you need to set a time frame for house sale. You surely don't want him to have to move out before the funeral, I would at least give a year or so, Is your DC father likely to step up as full time parent or would DH be their guardian. Who would control the proceeds of house sale etc while your kids are still minors

Moiraroseee · 06/03/2026 08:25

AquaLeader · 06/03/2026 08:23

A good summary of what the OP is telling us.

Quite. Making an appointment for next week!

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AquaLeader · 06/03/2026 08:23

loislovesstewie · 06/03/2026 08:08

So you both earn huge amounts, you are presumably intelligent if that's the case, but you are here asking about wills to people who have no specialist knowledge rather than consult a solicitor who does specialise in will writing?

A good summary of what the OP is telling us.

2026Y · 06/03/2026 08:22

There is a mechanism for him to challenge the will but whether he is successful will based on whether he has been 'provided for' (and whether he needs to be provided for IYSWIM). If he was dependant on you and you didn't make adequate provision for him in your will, that would be grounds to challenge it. I would see a solicitor - it sound like in your situation it will be non-contentious but it is more complex that a standard situation so best take advise about how to structure it all.

helpfulperson · 06/03/2026 08:22

In your case I'd be more concerned about what happened if he decided to divorce me than if I died. That is how he is likely to end up with a share of your house and possibly your pensions etc as well.

rwalker · 06/03/2026 08:22

I’m shocked that he’s obviously made ongoing contributions yet you seem to be its mine mine mine
it’s all well and good saying he earns a six figure wage but what if you die when he’s in his sixties ell be coming to the end of his career and little borrowing capacity

hiw big was the deposit you paid

Moiraroseee · 06/03/2026 08:21

belle89yg · 06/03/2026 08:11

I think she’s goading.

I absolutely promise these are the exact circumstances and I’m surprised it’s caused such disbelief!

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Moiraroseee · 06/03/2026 08:20

Imdunfer · 06/03/2026 08:11

You "adore"your husband yet you see him paying half the mortgage every month as paying rent like your lodger?

YABVU

It was just how it worked out.

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MathsMum3 · 06/03/2026 08:19

Moiraroseee · 06/03/2026 07:29

Thank you. I have a will stating this - I was just wondering if it would be valid.

When did you make this will? Because a marriage or civil partnership invalidates any prior will, so if the will predates your marriage, it's invalid anyway.

Pookie32 · 06/03/2026 08:19

You really need to speak to a solicitor, not random people, as a lot of the advice on here is wrong.

A solicitor will likely suggest that you either leave a cash legacy to your husband (similar in value to a certain % of the house) or leave the house on a life interest to him but ultimately passing to your children.

the fact that the house is “100% yours on paper” doesn’t really come into it when you are married, especially when he has clearly been contributing to the household.

Based on the info available he would likely have a valid claim against the estate unless you have made a provision for him. You really need legal advice and confirmation of your position

StrawberrySquash · 06/03/2026 08:18

Moiraroseee · 06/03/2026 07:29

Thank you. I have a will stating this - I was just wondering if it would be valid.

Was it made post-marriage? Just asking because a marriage would invalidate previous wills.

tirednessbecomesme · 06/03/2026 08:17

As others have said any advice we would give is anecdotal and not professional

regardless of who supplied the deposit he has been paying half the bills ie mortgage and repairs and improvements presumably and therefore has an interest in the property - kindly - if you had never intended for him to claim a share of the house then you should have paid all house related bills yourself.

You can leave the house to the children however he can could contest it under reasonable provisions and there is a minimum - something like £170k you’d have to will to them to avoid this. But perhaps him being a significant earner a court might say he doesn’t need reasonable provisions if he has his own assets

Aphroditesangel · 06/03/2026 08:17

I don’t think you can do this. If you do he could contest your will. You need proper legal advice.

PrizedPickledPopcorn · 06/03/2026 08:16

More important than the house, imo, is who will raise your dc? Is that all arranged?
There is going to be plenty of money by the sound of it, so you need trustees who will oversee the money for your DC in addition to whoever is raising them.
It may be their dad- but you need someone else keeping an eye on the finances.

loislovesstewie · 06/03/2026 08:16

Moiraroseee · 06/03/2026 08:11

I am ‘new’ to having plenty of money. Grew up very poor. So estate planning etc is not something that would ever have been on my radar.

I grew up very poor, however I do have the brains to know that consulting an expert in any subject is better than consulting random people who aren't qualified.

loislovesstewie · 06/03/2026 08:14

belle89yg · 06/03/2026 08:11

I think she’s goading.

I agree. I just find it somewhat childish.

Moiraroseee · 06/03/2026 08:11

loislovesstewie · 06/03/2026 08:08

So you both earn huge amounts, you are presumably intelligent if that's the case, but you are here asking about wills to people who have no specialist knowledge rather than consult a solicitor who does specialise in will writing?

I am ‘new’ to having plenty of money. Grew up very poor. So estate planning etc is not something that would ever have been on my radar.

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Imdunfer · 06/03/2026 08:11

Moiraroseee · 06/03/2026 07:42

How is him paying towards a place he lives me stealing from him? I could easily afford the whole mortgage payment, he wants to contribute.

You "adore"your husband yet you see him paying half the mortgage every month as paying rent like your lodger?

YABVU

belle89yg · 06/03/2026 08:11

loislovesstewie · 06/03/2026 08:08

So you both earn huge amounts, you are presumably intelligent if that's the case, but you are here asking about wills to people who have no specialist knowledge rather than consult a solicitor who does specialise in will writing?

I think she’s goading.

CatherineHeathcliffe · 06/03/2026 08:11

The situation on divorce is different to the situation on death. For divorce purposes it would be in the pot. For death it depends on who the legal owner is.

Most commonly where a house is in one name the will would leave to the DC but give the DH the right to live there for life/a period of time (often unless he remarried).

Fishingboatbobbingnight · 06/03/2026 08:09

Littletreefrog · 06/03/2026 07:27

As long as legally you are the sole owner and your Will clearly states it is to go to your children it won't go to him but you must get a properly written Will. Are you going to make him homeless or are you going to put provision in the Will that he can continue to live there?

You absolutely cannot guarantee this. A legal spouse will have rights for reasonable financial provision. He could make a claim under about:blank Inheritance (Provision for Family and Dependants) Act 1975

You are better off going to see a solicitor and drafting a will either giving him a lifetime interest. (Could still bring a claim for ownership though if he has no property himself and is not financially independent) or most practically change your ownership to tenants in common leaving him a percentage of the property and a lifetime interest.
It sounds like this is quite rightly important to you. Spend a little bit of money with a specialist rather than lose everything or more than you would like through intestacy rules .

loislovesstewie · 06/03/2026 08:08

So you both earn huge amounts, you are presumably intelligent if that's the case, but you are here asking about wills to people who have no specialist knowledge rather than consult a solicitor who does specialise in will writing?

Moiraroseee · 06/03/2026 08:08

TheUnlitRoom · 06/03/2026 07:52

No it doesn't.

Fab. Feel free to stop wasting your own time responding.

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belle89yg · 06/03/2026 08:07

Womaninhouse17 · 06/03/2026 08:02

I'm divorced and would never marry again for the same reason. My house will go to my DC. My ex remarried and I doubt my DC will see anything of his house if his wife outlives him.

Yes, this is what you do if you really do want to protect your children; you don’t remarry. It changes the dynamic of then relationship I suppose, but then that’s the point? Marriage is a legal contract, if you don’t want to fulfil that, don’t do it!

Moiraroseee · 06/03/2026 08:07

belle89yg · 06/03/2026 08:05

So you’re going to boot out your husband despite the fact they’re covered? If money is so comfortable you’re able to prioritise inheritance over basic living for your life partner, I would (together) buy a second property for your husband should the worse happen, it’s all very well saying you’d change your will down the line but something could happen in the meantime (even after your death before you know) to inhibit his income and his income might not keep up with property prices.

Yes this is an option

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