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Original poster

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:
exprecis · 06/03/2026 07:28

You can do this but he would be able to contest it if it didn't make reasonable provision for him.

Whether he would win that claim, depends on a number of factors. And of course he might not make that claim.

Any decent solicitor can talk you through the factors in your situation

Sunseed · 06/03/2026 07:28

If the house is wholly in your name then you decide who to leave it to, but you must write a Will for this to happen.

Your DH could challenge the Will so make sure to also write a Letter of Wishes that explains your decision-making, and ideally make sure that he is provided for in some way e.g. cash savings.

NewYearNewMee · 06/03/2026 07:28

Best consult a lawyer - has he contributed towards the mortgage payments? You don’t want to create a situation where there’s legal battles once you’ve passed.

Marwoodsbigbreak · 06/03/2026 07:27

I’m not an expert but I think if you divorce, he is entitled to a share of marital assets, including the house. That’s a huge risk you took when marrying him.

You can will the house to DC, but will that make DH homeless? Or does he have his own assets?

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?

IamtheDevilsAvocado · 06/03/2026 07:26

No idea if you're being unreasonable..
How are his finances... If you suddenly died where would he live? What ages are your kids... If children - has he adopted them /legal guardian... If they're adults where would he live if your kids decided to sell?

TestingTestingWonTooFree · 06/03/2026 07:26

Best you consult a lawyer, rather than Mumsnet. What do you want to happen if you die first? For him to be booted out? You could give him a life interest so that he can live there until death.

BG2015 · 06/03/2026 07:26

You need to make a will, I have a similar situation.

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