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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:
Moiraroseee · 06/03/2026 13:38

MoFadaCromulent · 06/03/2026 13:28

Tbf she wasn't with property, she was with deposit.

In correct, I purchased the property before we were married and I do understand that this is what’s created this predicament.

OP posts:
Moiraroseee · 06/03/2026 13:37

SarBe · 06/03/2026 13:13

I think your husband needs to protect his interests from you! Disgraceful behaviour no matter what his financial situation is.

Wanting to ensure my kids are provided for is disgraceful…ok…..

OP posts:
Moiraroseee · 06/03/2026 13:36

BuildbyNumbere · 06/03/2026 13:16

And I’m pretty sure someone who’s such a high earner would be a bit more savvy that to pay into the mortgage of a house that he has agreed he’s never going to get a penny from 🤷🏻‍♀️🤦🏻‍♀️

He isn’t worried about it. Probably because money isn’t an issue and he’s confident that he can house himself should the need arise. He could comfortably buy his own property now or indeed we may buy one together with my
deposit ring fenced in which case the whole thing is mute.

OP posts:
Usernamenotav · 06/03/2026 13:33

You need a solicitor.
He could have claim to the house even when not on the deeds, but you can at least (and should) make sure that your half goes to your children and not him.

Barrenfieldoffucks · 06/03/2026 13:32

Would it not make sense for him to invest in a property of his own, using the money he currently pays towards the mortgage instead? This would give him a lot more security.

abbynabby23 · 06/03/2026 13:29

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?

How much the deposit you paid that it’s such a big deal? 80% of the property? Cause anything less yes you are unreasonable!

MoFadaCromulent · 06/03/2026 13:28

Pricesandvices · 06/03/2026 13:19

Why do single parents with property marry someone?! It's such a risk.

Tbf she wasn't with property, she was with deposit.

Pricesandvices · 06/03/2026 13:19

Why do single parents with property marry someone?! It's such a risk.

BuildbyNumbere · 06/03/2026 13:16

SarBe · 06/03/2026 13:13

I think your husband needs to protect his interests from you! Disgraceful behaviour no matter what his financial situation is.

He can’t be that stupid surely!

BuildbyNumbere · 06/03/2026 13:16

Theeyeballsinthesky · 06/03/2026 07:58

Indeed. Someone smart enough to be a higher earner married to another high earner who they've already discussed it with and who agrees with the plan

but somehow they need to come on MN and ask

right

And I’m pretty sure someone who’s such a high earner would be a bit more savvy that to pay into the mortgage of a house that he has agreed he’s never going to get a penny from 🤷🏻‍♀️🤦🏻‍♀️

SarBe · 06/03/2026 13:13

I think your husband needs to protect his interests from you! Disgraceful behaviour no matter what his financial situation is.

Oriunda · 06/03/2026 13:08

chipofftheoldblock · 06/03/2026 11:55

I've known two people to find themselves out on their arse in the months/year after the death of a spouse because of this exact set up. For me the last thing I'd want is my partner (or kids or anyone I love) worrying about packing up and moving in the years when grief would be raw.

I would've thought it would make sense to have your kids as the beneficiaries of a decent life insurance policy, so a lump sum of cash put safely aside for them (because if he's got a great income then a big cash inheritance doesn't sounds that essential), and the house to your husband. Presumably when he dies he'll leave it to the kids anyway?

Never, ever presume or assume that anyone will do the right thing or leave anything in their will. If OP wants her kids to inherit the house, then it needs to be left in trust to them, with her husband having a life interest.

That said, since he's contributed to the mortgage, the fairest thing would be to leave him 50%, with the minor children's half tied up in trust with external trustees.

MoFadaCromulent · 06/03/2026 13:01

Presumably the DH will want to leave his share of the home to his own relatives if he has siblings or nieces/nephews so he is hopefully also taking legal advice

CautiousLurker2 · 06/03/2026 12:30

I would speak to a solicitor now and explore transferring it into a trust now of which you have the lifetime interest and they are the beneficiaries - ie it is already their home, this puts it outside the marital pot. However, if you love your husband, you may want to explore making sure he gets anything else and that he has some sort of occupancy rights when you die, otherwise he could effectively be homeless if your DCs decided to sell up. You need to discuss all the options with a legal expert.

Pokko · 06/03/2026 12:23

All this money and the Internet for legal advice!🙄

anyolddinosaur · 06/03/2026 12:11

You need a will - and I do think you are being unfair to your husband. You also need to think hard about who the children would want to be with if you died before they are adults. Would they want to live with their father? Where does he live? Would your children be better off staying in their home with their stepfather if he's been in their lives a long time? How often do they see their father and what if he remarries?

If you want to leave the house entirely to your children he shouldnt be contributing to the mortgage. If he's paying half the mortgage he should be left a share of the house, after preserving your deposit for your children. Anything else is morally wrong, cruel and sets a bad example to your children. Doesnt matter how much money he has, it's still wrong.

Anything could happen to either or you - you could have an accident where you are incapable of remaking your will and he could be looking after you for years and then your kids evict him. Make provision in your will for him to stay in the house at least 12 months, otherwise your executor could evict him before then. Make provision now for a change when your kids become adults.

MoFadaCromulent · 06/03/2026 11:59

Moiraroseee · 06/03/2026 07:35

Hahahahahaha

How is anything the poster you quoted said inaccurate?

Moiraroseee · 06/03/2026 11:58

BeKookyExpert · 06/03/2026 11:51

In a similar position - DH is not the father of my adult daughter. He’s a high earner. The way I’ve structured it is that he gets the house, daughter gets my death in service / life insurance, which he doesn’t financially need. He’ll be set with the house and his salary. Leaving my daughter a share of the house is guaranteed to get messy if he remarried, this way I can guarantee I’m leaving her something without worrying about that.

This isn’t something I’ve considered but might be cleaner overall.

OP posts:
MoFadaCromulent · 06/03/2026 11:56

Moiraroseee · 06/03/2026 07:32

yes - all comes out of one account - we both pay in the same each month and all direct debits come out.

Yeah you can definitely just dibs 100% of a property that your spouse has paid 50% of with the exception of the deposit.

chipofftheoldblock · 06/03/2026 11:55

I've known two people to find themselves out on their arse in the months/year after the death of a spouse because of this exact set up. For me the last thing I'd want is my partner (or kids or anyone I love) worrying about packing up and moving in the years when grief would be raw.

I would've thought it would make sense to have your kids as the beneficiaries of a decent life insurance policy, so a lump sum of cash put safely aside for them (because if he's got a great income then a big cash inheritance doesn't sounds that essential), and the house to your husband. Presumably when he dies he'll leave it to the kids anyway?

BeKookyExpert · 06/03/2026 11:51

In a similar position - DH is not the father of my adult daughter. He’s a high earner. The way I’ve structured it is that he gets the house, daughter gets my death in service / life insurance, which he doesn’t financially need. He’ll be set with the house and his salary. Leaving my daughter a share of the house is guaranteed to get messy if he remarried, this way I can guarantee I’m leaving her something without worrying about that.

Moiraroseee · 06/03/2026 11:47

Wishitwas1996 · 06/03/2026 11:37

Apologies, I totally missed that. It does change things.

You have a long time to build assets together but I would still want to make sure my kids were protected over before any adult. There’s no saying what situation their Dad or your husband would end up in over time. You are the only person who can guarantee that your assets aren’t taken away them in later life.

My feelings exactly!! Totally shocked by some of the responses who feel I should be prioritising differently.

OP posts:
Moiraroseee · 06/03/2026 11:46

Howeasy · 06/03/2026 09:23

This is what I have done for now as my dc are young.
death in service (10x) -so just over 500,000.- 50% of this is ordered into trust to their dad to care for them. The rest is split between dh(not dc’s dad)and the dc.
life insurance policy -300,000k will be left half to trust and half to dc also.
2nd policy- pays off mortgage- dh stays in house until his death. (House worth 500k)

so dc will have 625 or thereabouts split between trusts etc and the house on dh’s death. Dh will have the house paid and 125k.(which will be instead of my pension etc)

and that’s not including any cash savings which will be split also.

In my opinion, if you agree to marry someone, you’re also agreeing to look after each other whether that’s in life or death. Of course I want to make sure my children have enough, but I am also obliged to take care of him as he is to take care of me. If my DH dies everything of his goes to me and therefore to my dc. He has no DC.

things will be revisited as time goes on, obviously.

Sounds a similar situation and some points worth considering. Thanks.

OP posts:
LilWoosmum82 · 06/03/2026 11:39

You need to complete a will and see about a trust. I have this for my child, my grand mothers second husband presented all sweetness and light, made promises and is now suing my father for the entire property as he is no longer satisfied with what was discussed xx

Wishitwas1996 · 06/03/2026 11:37

Moiraroseee · 06/03/2026 11:14

We are no where near retirement age. Mid thirties.

Apologies, I totally missed that. It does change things.

You have a long time to build assets together but I would still want to make sure my kids were protected over before any adult. There’s no saying what situation their Dad or your husband would end up in over time. You are the only person who can guarantee that your assets aren’t taken away them in later life.

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