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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?

OP posts:
belle89yg · 06/03/2026 07:51

Moiraroseee · 06/03/2026 07:50

I would update my will if I/we reach old age.

If you’re young enough can’t you just cover them with life insurance instead? How old are you/they? Would you really want your partner to have the grief of moving when he’s lost his wife? How would you feel if it was the other way around?

Moiraroseee · 06/03/2026 07:51

ScarlettSarah · 06/03/2026 07:48

Then your post makes no sense. If he's so brilliant and supportive... surely if something went awry and he ended up inheriting, he'd pass it onto your kids anyway? Are you worried he wouldn't? In which case you need legal advice. You also need to consider who would be looking after them when they are under 18 - I presume you don't want them to stay with him?

My post makes no sense? Ok….

OP posts:
belle89yg · 06/03/2026 07:50

FYI my parents are in new relationships and I wouldn’t dream of counting their partners out because I wanted money. One of the reasons my mum didn’t get married was to ring fence her pension for us.

Moiraroseee · 06/03/2026 07:50

belle89yg · 06/03/2026 07:48

I don’t really know why you married him, do you understand what marriage is legally? If this is your plan, it would make sense for him to buy a property for himself now, all very well saying he has a good income, but that’s not always guaranteed if you die when he’s a pensioner would he have the sums to buy a property outright?

I would update my will if I/we reach old age.

OP posts:
Pinkspringblossom · 06/03/2026 07:49

The short answer is maybe with a really good will. More likely you need to set up a trust.

I am going through months of anxiety because my mother's boyfriend is trying to contest her will. He and his lawyers say that because he lived with her he is her dependent and has a right to her estate. It looks like we could be responsible for him for the rest of his life even though she deliberately didn't put him in her will. They were only together a couple of years.

Be very very careful and consult good lawyers.

belle89yg · 06/03/2026 07:48

I don’t really know why you married him, do you understand what marriage is legally? If this is your plan, it would make sense for him to buy a property for himself now, all very well saying he has a good income, but that’s not always guaranteed if you die when he’s a pensioner would he have the sums to buy a property outright?

ScarlettSarah · 06/03/2026 07:48

Moiraroseee · 06/03/2026 07:41

This is so weird to me. I adore my husband! I just know that if I died he would not need the money as he has a brilliant income. My kids would need it. I’m also a high earner (I earn slightly more than him!) so no one is struggling but if I died then my children’s lives would change substantially.

Then your post makes no sense. If he's so brilliant and supportive... surely if something went awry and he ended up inheriting, he'd pass it onto your kids anyway? Are you worried he wouldn't? In which case you need legal advice. You also need to consider who would be looking after them when they are under 18 - I presume you don't want them to stay with him?

TheUnlitRoom · 06/03/2026 07:47

Cosyblankets · 06/03/2026 07:46

Watertight against what?
You want to leave to kids he doesn't mind what's the problem?

exactly - I smell something a bit fishy here

Littletreefrog · 06/03/2026 07:47

You've discussed it, he is onboard and you already have a Will (presumably professionally written) so what exactly are you asking?

Moiraroseee · 06/03/2026 07:47

Legoleopard · 06/03/2026 07:45

I am in similar position, although long term but not married. I went to a solicitor as ive had 20 years of mortgages etc, currently have 2 of the buggers as buying an ex out amd had to fight to get him to agree etc, so feel very much the house is just mine. Partner is lovely but these are my kids..want the house to go to them

I went to a solicitor as wanted my partner to live in the house when I died, until his death and then fall to the kids as inheritance. Solicitor said that's fine....as long as we don't ever marry. If we did husband would be entitled to the house. I dont belive right now he wouldn't then leave it to the kids but realistically, I could die tomorrow and he meet someone else and be with them 30 plus years. As it is...I remain engaged but not married til I future this out!

Very sensible!

OP posts:
Cosyblankets · 06/03/2026 07:46

Moiraroseee · 06/03/2026 07:45

Yes. I just didn’t know if legally I’d need something more than a will to ensure it’s water tight.

Watertight against what?
You want to leave to kids he doesn't mind what's the problem?

Legoleopard · 06/03/2026 07:45

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?

I am in similar position, although long term but not married. I went to a solicitor as ive had 20 years of mortgages etc, currently have 2 of the buggers as buying an ex out amd had to fight to get him to agree etc, so feel very much the house is just mine. Partner is lovely but these are my kids..want the house to go to them

I went to a solicitor as wanted my partner to live in the house when I died, until his death and then fall to the kids as inheritance. Solicitor said that's fine....as long as we don't ever marry. If we did husband would be entitled to the house. I dont belive right now he wouldn't then leave it to the kids but realistically, I could die tomorrow and he meet someone else and be with them 30 plus years. As it is...I remain engaged but not married til I future this out!

Moiraroseee · 06/03/2026 07:45

Cosyblankets · 06/03/2026 07:42

So you've discussed it with him?
Edited to add i can now see it looks like you've discussed it so I'm another one who can't see the point in the thread.

Edited

Yes. I just didn’t know if legally I’d need something more than a will to ensure it’s water tight.

OP posts:
socks1107 · 06/03/2026 07:45

The other issue to consider is the pain this could cause your children, he could contest the will and he’d have a case as your husband and the joint account. They could also be put through a legal battle whilst grieving. There’s a few ways you can deal with this but cutting him out and making him homeless is not the right one for everyone concerned.
at the very least he needs to register an interest in the house now which he can legally do

pastaandpesto · 06/03/2026 07:45

Does he have a property of his own?

I understand your thinking but I think you have really muddied the water by having him contribute to the mortgage payments.

Personally I would not have married in this situation - one of the primary benefits of marriage is to enable tax free inheritance between two adults, so you have all of the downsides of that legal commitment without wanting the upside.

Moiraroseee · 06/03/2026 07:44

Elsvieta · 06/03/2026 07:38

Did you make the will before or after marrying? Because marriage invalidates wills.

After

OP posts:
TheUnlitRoom · 06/03/2026 07:44

Moiraroseee · 06/03/2026 07:41

This is so weird to me. I adore my husband! I just know that if I died he would not need the money as he has a brilliant income. My kids would need it. I’m also a high earner (I earn slightly more than him!) so no one is struggling but if I died then my children’s lives would change substantially.

If he doesn't need the money and is so wonderful then why are you even asking us? surely he would not contest any will in that case and this question is completely redundant

Cosyblankets · 06/03/2026 07:42

Moiraroseee · 06/03/2026 07:33

My husband earns six figures and is self sufficient. This isn’t about his ability to provide for himself of which he’s more than capable.

So you've discussed it with him?
Edited to add i can now see it looks like you've discussed it so I'm another one who can't see the point in the thread.

tutugogo · 06/03/2026 07:42

The house is yours so you can do what you want to a certain extent but if he’s paying for half the costs or paying other bills so you can afford the mortgage consider if it’s fair. In divorce it will be considered a marital asset. You need a will for starters and a proportionate solution could be he has right of occupancy for rest of life or set number of years. If your children are under 18 you also need to consider where they will live, they can’t live alone

Moiraroseee · 06/03/2026 07:42

AlastheDaffodils · 06/03/2026 07:39

Legalities aren’t the issue here. You are effectively trying to steal from your husband by leaving him no interest in a house he’s paying half the mortgage on. His six figure earnings are irrelevant because he’s been paying them all into your joint account, and in any case he may well be retired by the time you die if you do pre-decease him.

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.

OP posts:
Raisedinthe90sperhaps · 06/03/2026 07:41

You can grant him a life interest to stay in the property but your share passes to them when it’s eventually sold. Uou need to hold as tenants in common. Solicitor will advise.

Moiraroseee · 06/03/2026 07:41

ScarlettSarah · 06/03/2026 07:38

I'm not convinced this post is genuine by the 'hahahaha' comment. This isn't really a laughing matter.

Great way to announce you don't love your husband on the Internet, btw.

Of course you want to provide for your children, but god, you're cold. Happy enough for him to contribute to your house and lifestyle now, and your kids, right?

This is so weird to me. I adore my husband! I just know that if I died he would not need the money as he has a brilliant income. My kids would need it. I’m also a high earner (I earn slightly more than him!) so no one is struggling but if I died then my children’s lives would change substantially.

OP posts:
ExtraOnions · 06/03/2026 07:41

Moiraroseee · 06/03/2026 07:36

My husband is aware of my wishes and is in support of me! He’s well able to take care of himself…

So what’s the point of the thread ?????

ExtraOnions · 06/03/2026 07:39

He’s paying half the mortgage on a house he has no legal connection to? Guy’s an idiot.

I wonder what those “various reasons” were, that put your husband is such a vulnerable position?

If the sexes were reversed, posters would be telling you to get legal advice. He needs to get himself added to the Deeds as soon as possible.

lovemetomybones · 06/03/2026 07:39

If he pays 50% of the mortgage he should morally be entitled to 50% of the property minus the deposit. I divorced my ex who had contributed our deposit. I could have demanded 50% but I didn’t ask for that because of the deposit. You can’t however take his portion of the house, what would happen to him when you due homelessness?

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