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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 10:02

pastaandpesto · 06/03/2026 09:54

Knowing all this, why did you decide to get married, rather than simply living together in a committed, long-tem partnership?

Love and/or religious faith are all very well, but in the cold light of day, the only thing that materially changes on marriage is your legal and financial relationship to one another, which seems to be the thing you are actively trying to unwind.

It’s a fair point and I would never have (or would again) marry anyone except him as I have known him so long and (despite some posters feelings!) trust him as much as you can trust anyone.

OP posts:
Ophy83 · 06/03/2026 09:58

Sounds like he'd have a decent case ti challenge the will. If he's paying the mortgage the house isn't solely yours no matter who is on the deeds. Plus he shouldn't be worse off by your death than he would be upon divorce. You need to see a lawyer and get a will drawn up that both protects him and also passes on your share to your kids. Otherwise you're setting things up for a bitter and expensive dispute between them which I'm sure you don't want.

smallchange · 06/03/2026 09:57

I think it might have been easier to get useful responses if you had led with the scenario you're worried about in your op.

Basically:
If you die, your dc would not live with your husband, they would live with their father who is much poorer than you and wouldn't be able to keep them in the style to which they are accustomed.

You want to prevent them experiencing the double whammy of losing their mother and their lifestyle, so you want them to inherit your house. Your intention would be that the house be sold in order to provide a new house for your dc and their father (or pay for school fees, or allow your ex to work less in order to care for dcs, or whatever the financial concern is).

That seems much more reasonable that potentially making your elderly husband of many years homeless in the future. As long as your husband is aware of this, and you say he is and also in full agreement, then making up a will to this affect with the help of a decent solicitor, and your dh making his own plans to mitigate any hardship to himself should this scenario come to pass (unlikely hopefully) is reasonable and sensible.

pastaandpesto · 06/03/2026 09:54

Moiraroseee · 06/03/2026 09:25

I’m not ‘worried’ about him marrying someone else but you’ve got to be naive to think this is completely outside the realm of possibility. I know of two cases where this happened - the new wife and her children ended up getting the lot - in one case the husband had dementia and was influenced to change his will away from his step children.

Knowing all this, why did you decide to get married, rather than simply living together in a committed, long-tem partnership?

Love and/or religious faith are all very well, but in the cold light of day, the only thing that materially changes on marriage is your legal and financial relationship to one another, which seems to be the thing you are actively trying to unwind.

WearyAuldWumman · 06/03/2026 09:42

HairyToity · 06/03/2026 07:36

My uncle did this, he gave his wife a life interest in his house but on her death it reverts to his children. She can also sell the house and buy another one, but will still be owned by his children.

My husband's ex did this with her partner. In the end, he became ill (terminal cancer) and she had him placed in respite and then refused to have him back in the house.

He died just after the respite period ended.

Soontobe60 · 06/03/2026 09:37

Moiraroseee · 06/03/2026 09:05

He’s not annoyed at all - he knows the kids
come first for me. He has savings, investments and is provided for via a life insurance policy. He is not worried about him.

My concern as other posters have stated - if I don’t ensure this is done properly, is what could happen in the case of a remarriage. Imagine if he remarried and is then incapacitated in some way and forced to change the will away from my DC. It happens!

If your will leaves your house to your Dc in trust with your DH able to remain there until death, care home or cohabiting/remarrying, then he cannot leave it to anyone in a will as it’s not his. So he can’t be forced to do so by a scheming second wife!
Surely when you drew up the Will you currently claim to have your solicitor would have discussed all these scenarios with you?

Moiraroseee · 06/03/2026 09:35

powersthatbe · 06/03/2026 09:26

100% get will drafted by lawyer. Presumably with your DHs and DCs full knowledge so no nasty fall out with kids in event you pass.

My DF left me and my siblings his ‘half’ of the house in his will. except that wasnt his to give and it went direct to my DM as his wife of 30 yrs…and she couldnt afford to sell and give us half at the time to honour his wishes. It was very unfair of him to leave her with that mess to clean up. His children got nothing in the end and one oy siblings took this very hard. That was 20 yrs ago, DM is still thiving and living in the house. I wasnt angry about not getting anything but I was so mad at him as his lack of thought and planning had a much worse impact on my sibling. Dont let that be your legacy.

Exactly! These things can be so messy!

OP posts:
powersthatbe · 06/03/2026 09:26

Moiraroseee · 06/03/2026 07:35

I thought that might be the case! Will make an appointment for this week.

100% get will drafted by lawyer. Presumably with your DHs and DCs full knowledge so no nasty fall out with kids in event you pass.

My DF left me and my siblings his ‘half’ of the house in his will. except that wasnt his to give and it went direct to my DM as his wife of 30 yrs…and she couldnt afford to sell and give us half at the time to honour his wishes. It was very unfair of him to leave her with that mess to clean up. His children got nothing in the end and one oy siblings took this very hard. That was 20 yrs ago, DM is still thiving and living in the house. I wasnt angry about not getting anything but I was so mad at him as his lack of thought and planning had a much worse impact on my sibling. Dont let that be your legacy.

Moiraroseee · 06/03/2026 09:25

Justdancevance · 06/03/2026 09:16

So you seem to be worried that he will remarry someone who won’t have your chlldrens best interest at heart ? Have you been reading a few Grimm fairy tales to the kids 🤣

If you have large assets you should look at proper estate planning. There are options like Trusts which would ring fence assets and death in service income. Your husband could be one of a number of executers to oversee the interests.

If you don’t trust him enough about a house, do you trust him to look after your kids if something happened to you, or would they go somewhere else. In that case, those people should be the trustees

I’m not ‘worried’ about him marrying someone else but you’ve got to be naive to think this is completely outside the realm of possibility. I know of two cases where this happened - the new wife and her children ended up getting the lot - in one case the husband had dementia and was influenced to change his will away from his step children.

OP posts:
90sTrifle · 06/03/2026 09:24

Moiraroseee · 06/03/2026 09:13

Exactly my thought, it’s not like he’d be out on the street immediately!! And nor would I ever want that.

You mentioned earlier that you could afford the mortgage on your own but he wants to contribute. Maybe as a gesture of goodwill, and to show you do truly love and care for him too, you could save his mortgage contributions (without telling him) to leave a lump cash sum to him in the event of your death.

Whether he needs it or not, being left an inheritance from someone you believe truly loves you, is so much more than just the money. Being left nothing punctures what he thought to be true. It’s hurtful.

MyDeftDuck · 06/03/2026 09:23

Get it set in a will but add a ‘right to reside’ clause for your OH so he has a home if you die before him.

Imdunfer · 06/03/2026 09:23

Moiraroseee · 06/03/2026 09:19

These assumptions are so fun!

He sold his property to free up funds to invest into a business of which he is the part owner. When we needed to quickly buy a house due to my DC being about to start school it was easier if I went ahead with the purchase alone. Not everything is done for a sinister reason!

That is no explanation for why you are not both listed as joint owners.

I'm joint owner of my house. I did sod all when we bought it except sign the papers put under my nose, the same as the previous 4 purchases.

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.

Moiraroseee · 06/03/2026 09:21

Snoken · 06/03/2026 09:12

I think it's easy for him to make all the right noises now, but he probably also knows that if you die before him he has the option to contest any will that you have made. I don't think you can trust anyone to keep their word, even if they say they understand that you want to leave everything to your children. You may have paid the deposit for the house but he has paid 50% of the mortgage payments, so it's not like he's contributed nothing. Also, his life insurance won't really help much for him unless he's already dead.

It’s life insurance which goes to him in part if I die.

OP posts:
Branleuse · 06/03/2026 09:20

My mums ex husband tried to make a claim on her house that she had bought before him. She had bankrolled him for years too before he cheated and left.
My mum thankfully is quite organised for that sort of thing and he wasn't on the deeds and had been paying her rent before marrying. He wasn't entitled, but it was stressful for a while, so def get advice

Moiraroseee · 06/03/2026 09:19

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

These assumptions are so fun!

He sold his property to free up funds to invest into a business of which he is the part owner. When we needed to quickly buy a house due to my DC being about to start school it was easier if I went ahead with the purchase alone. Not everything is done for a sinister reason!

OP posts:
tara66 · 06/03/2026 09:19

tara66 · 06/03/2026 09:00

OP do you know the well known case of actor Nigel Havers?
Long ago but his wife died and left her house to her 2 sons.
He went to court and got the house claiming she had not provided for him.
He later married a very rich women. The sons got nothing.

Just looked up this case again and see the final settlement was in fact Havers got a substantial sum of money (and not the house - value of which not stated) and jewellery.

Justdancevance · 06/03/2026 09:16

So you seem to be worried that he will remarry someone who won’t have your chlldrens best interest at heart ? Have you been reading a few Grimm fairy tales to the kids 🤣

If you have large assets you should look at proper estate planning. There are options like Trusts which would ring fence assets and death in service income. Your husband could be one of a number of executers to oversee the interests.

If you don’t trust him enough about a house, do you trust him to look after your kids if something happened to you, or would they go somewhere else. In that case, those people should be the trustees

venus7 · 06/03/2026 09:16

Moiraroseee · 06/03/2026 09:00

I don’t need help with household income

Help is help, even if not needed.

ThiagoJones · 06/03/2026 09:15

Moiraroseee · 06/03/2026 07:38

Yes I’ve absolutely been open with him! He knows and has always known that I would want to do anything to ensure my kids are provided for.

My dad has a will stating his house is to be left to me. His wife (not my mum) is fully aware and supportive of this. She has 2 properties of her own that she rents out, so won’t be left homeless (I of course won’t kick her out until she’s able to move into one of her properties!).
His will was rewritten after he married, as marriage invalidates previous wills.

Moiraroseee · 06/03/2026 09:15

ParisianLady · 06/03/2026 07:57

My aunt has done this, she was a widow who remarried when she had grown up children.

The house was hers and her will allows for him to remain in it for a period of up to 3 years as long as he is unmarried. He can’t live there with another woman. I think there is a clause about upkeep and bills etc. All arranged with lawyers.

She is protective of her finances and keeping them for her children, and this was all discussed with her husband who is aware and agrees. He has his own independent wealth that I’d imagine he has protected for his children too.

So I would imagine it’s possible for you to do this but you must openly discuss it with your DH, it shouldn’t be a shock to him and it would be useful I suspect for you to discuss the underlying reasons too. You also need to consider the practicalities; who pays the bills, who does the upkeep, when is it sold etc.

This sounds very sensible

OP posts:
WhatAMarvelousTune · 06/03/2026 09:15

Moiraroseee · 06/03/2026 07:31

I wouldn’t want this unless my DC were self sufficient adults. Certainly if I died before they were I’d want the house to be sold to ensure they were provided for.

Really? Wouldn’t you want them to continue living in their home with their step father, with life insurance for support. I mean, even if the house belongs to the children I wouldn’t want it sold at that point to create more upheaval in their lives.

Moiraroseee · 06/03/2026 09:13

90sTrifle · 06/03/2026 09:11

You can leave the house to your DC and for the house to be sold within a certain timeframe.

Probate etc… takes about a year anyway, which gives your DH 12 months to get his ducks in a row and find somewhere else to live.

Exactly my thought, it’s not like he’d be out on the street immediately!! And nor would I ever want that.

OP posts:
Snoken · 06/03/2026 09:12

Moiraroseee · 06/03/2026 09:05

He’s not annoyed at all - he knows the kids
come first for me. He has savings, investments and is provided for via a life insurance policy. He is not worried about him.

My concern as other posters have stated - if I don’t ensure this is done properly, is what could happen in the case of a remarriage. Imagine if he remarried and is then incapacitated in some way and forced to change the will away from my DC. It happens!

I think it's easy for him to make all the right noises now, but he probably also knows that if you die before him he has the option to contest any will that you have made. I don't think you can trust anyone to keep their word, even if they say they understand that you want to leave everything to your children. You may have paid the deposit for the house but he has paid 50% of the mortgage payments, so it's not like he's contributed nothing. Also, his life insurance won't really help much for him unless he's already dead.

Notsandwiches · 06/03/2026 09:12

You can leave it in your Will but he may challenge it under the Inheritance Provision for Family and Dependents Act or claim an equitable interest on the basis of contributions to the mortgage.

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