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Original poster

House ownership if DP passed away

49 replies

MsFanciful · 28/11/2021 13:35

My DP and I have just bought a house together. Both of our names are on the mortgage but we are not married and neither of us have a will (I have a 5 yr old so I know I should get that sorted!)

If, God forbid, my DP was to pass away unexpectedly then what would happen to the house? I had presumed that as my name was on the mortgage too then I would continue owning the property but another thread has left me concerned! Google hasn't been helpful so I would appreciate any advice in laymans terms. Am I being naive and would it be the same situation for DP if I were to pass away?

Thank you in advance!

OP posts:
RedskyThisNight · 28/11/2021 13:37

My advice is for both of you to make wills naming the other as beneficiary of your part of the house.

Otherwise you will not be entitled to any of DP's property. If you're lucky and on good terms, his next of kin might let you buy them out. Otherwise you'll be forced to sell the house.

Ana27 · 28/11/2021 13:38

I assume that you are both also on the deeds. Are you joint tenants or tenants in common?

insancerre · 28/11/2021 13:41

If you are not married and there is no will then his share of the house will go to his next of kin
He needs to make a will

Chloemol · 28/11/2021 13:43

His share will go to his next of kin. This happened to a family friend and the parents where the next of kin. In their case the parents were happy to sign the share over, but this won’t always be the case, and you may find yourself having to sell to give your kart nets share over

Get a will sorted now

Chloemol · 28/11/2021 13:44

Kart nets = partners

HollyBollyBooBoo · 28/11/2021 13:44

Both need wills asap.

bookgirl1982 · 28/11/2021 13:45

It will depend how you own the house:

Joint tenants - you both own all of it and if one of you dies then the survivor then owns by themselves.
Tenants in common - you each own half (or other split agreed at time of purchase). If one of you dies then their share is dealt with according to the will or inheritance laws.

Branleuse · 28/11/2021 13:45

I think you should probably get married or do a civil partnership.
If youre commited enough for a kid and a mortgage then makes no sense to not protect each other properly

Ana27 · 28/11/2021 13:46

@insancerre

If you are not married and there is no will then his share of the house will go to his next of kin He needs to make a will
Not if they are joint tenants. Book girl's explanation is correct.
SeasonFinale · 28/11/2021 13:52

Check with your conveyancing papers whether you signed as a joint tenant or not.

EvilRingahBitch · 28/11/2021 13:54

Yes Bookgirl has it correct.

The difference between owning as Tenants In Common and Joint Tenants should have been explained to you and discussed at the time of purchase and it's a bit worrying that you don't know which you chose. It was an important decision for you both to make.

If you're Joint Tenants then it's a bit like having a joint bank account - the whole of the house belongs to both of you and if one dies then it automatically passes to the other - you just send the death certificate to the land registry and any will is irrelevant. If you are Tenants in Common then your half of the house can be left to whoever you like in your will, or if you don't have a will then it passes under the laws of intestacy, to your child or his parents.

anniegun · 28/11/2021 14:02

Also be aware that if you are not married your partners estate may be subject to inheritance tax so you might have a tax bill to pay even if he leaves his share of the house to you.

Original poster
MsFanciful · 28/11/2021 14:10

We were never asked to choose between joint tenants and tenants in common. I have checked the contract and it actually says both Confused

OP posts:
EvilRingahBitch · 28/11/2021 14:12

That's a bit worrying. Do you have a copy of the Land Registry entry?

Original poster
MsFanciful · 28/11/2021 14:14

We do not as yet as we completed 3 weeks ago and it can take between 12-16 weeks to register.

OP posts:
Original poster
MsFanciful · 28/11/2021 14:15

At least, that is what our solicitor told us.

OP posts:
Flipflopblowout · 28/11/2021 14:16

Your partner's nearest next of kin now is your son. AS for the house its how you have completed the paperwork.

mooloop · 28/11/2021 14:20

You have to choose an option of joint tenants or TIC on the transfer deed, ask your solicitor Smile

episcomama · 28/11/2021 14:20

@Flipflopblowout Only if he is the child's biological father (OP's post suggests otherwise.)

@bookgirl1982 is absolutely correct. The mortgage is just evidence of a loan and means nothing about ownership. Whether you are tenants in common or joint tenants is the question.

Fluffycloudland77 · 28/11/2021 14:30

This happened to a friends daughter, his parents tried to force the sale of the house.

You need to get wills.

NoSquirrels · 28/11/2021 14:39

Do you have a son together? Or is your DP not your DS’s father?

Luzina · 28/11/2021 14:41

Email your solicitor to request confirmation of whether you are joint tenants or tenants in common. It would be on the transfer deed you signed (form tr1)

Also get wills sorted asao

Luzina · 28/11/2021 14:41

*asap

clarrylove · 28/11/2021 14:43

Your solicitor would have advised you in the house purchase options, tenants in common or joint tenancy. Worrying that you don't recall this. It's very important.

Mhc19 · 28/11/2021 14:59

Your solicitor 100% should have have asked how you wanted to hold the property and given advice on the differences and what they mean. Its whats on the Transfer that matters, that's what gets sent to the Land Registry.
Send your solicitor an email and they'll be able to tell you what the Transfer says