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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:
Ozanj · 28/11/2021 15:02

If you own it jointly then the home will pass between you no matter what your wills say & your wills won’t apply to the house share. If it’s tenents in common then by common law, in the absence of a will, any shares automatically pass to natural born children first.

Ozanj · 28/11/2021 15:03

*natural born and adopted

MrsColon · 28/11/2021 15:07

If your DD isn't your DP's then don't leave him your half of the house and trust that he'll "do the right thing" by her - MN is full of posts where step-parents/parents' partners have promised to help out their DP/spouse's children only to keep everything and cut contact once their DP/spouse dies.

Money does funny things to people, it's best to get things sorted out legally so you don't leave a mess behind when you die.

GiltEdges · 28/11/2021 15:09

@bookgirl1982

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.

This, basically.
Anoisagusaris · 28/11/2021 15:09

My mother’s house was sold by her husband and we haven’t heard from him since.

Get it sorted quickly.

Missmissmiiiiiiiiisss · 28/11/2021 15:11

@bookgirl1982

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.

This
GiltEdges · 28/11/2021 15:11

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

Legally, it can't be both. Speak to your conveyancer.

Missmissmiiiiiiiiisss · 28/11/2021 15:13

Ring your solicitor. They seem to have been very remiss not discussing with you both the implications and options.

SweetBabyCheeses99 · 28/11/2021 15:20

The TR1 form that you signed will technically “say” both - but only because there are little boxes to tick and you’re supposed to tick one or the other! A lot of Solicitors don’t seem to bother - in which case you’ll be joint tenants by default. You can ask them to send in a “Form JO” to override this before the registration is completed. Even if it is then you should still have a letter after registration warning you that you’re joint tenants and giving you an option to not be.

FallonCarringtonWannabe · 28/11/2021 15:25

In this situation id be most concerned about what would happen to my son if I died.

Kf your son is not your partners son, I cannot imagine you chose joint tenants.

VanCleefArpels · 28/11/2021 15:29

@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 necessarily true. If they are joint tenants the surviving owner becomes sole owner automatically
Original poster
MsFanciful · 28/11/2021 15:42

Our solicitor was very poor and the whole situation was very stressful. We complained numerous times to no avail.

I have asked DP and he doesn't remember being asked either. I have emailed the solicitor for clarification. If she has gone ahead and made an assumption, I will be gobsmacked.

For those asking, he is not DS's father.

OP posts:
Missmissmiiiiiiiiisss · 28/11/2021 16:18

There are advantages and disadvantages to both so it’s not clear cut which would be best for you, even knowing your son isn’t your partners. If he would be your son’s legal guardian in the event of your death you might want your son to remain in your shared home. If however he plays a more stepfather role and you would want your son to have the money in trust then you want want to own your share separately even though this is less efficient in terms on inheritance tax etc…

You really need legal advice! Sorry your solicitor was so rubbish.

Guacamole001 · 28/11/2021 16:32

If people do not know the difference between joint tenants and tenants in common then they should learn this before completion of a purchase. Or solicitors should make this super clear which I imagine they do.

Joint tenants overrides any will.

Soontobe60 · 28/11/2021 16:35

@MsFanciful

Our solicitor was very poor and the whole situation was very stressful. We complained numerous times to no avail.

I have asked DP and he doesn't remember being asked either. I have emailed the solicitor for clarification. If she has gone ahead and made an assumption, I will be gobsmacked.

For those asking, he is not DS's father.

In that case, you definitely need to know if you’re down as joint tenants or tenants in common. Are you happy for your share of the house to go to your DP and nothing go to your ds if you die?
Totalwasteofpaper · 28/11/2021 17:05

We weren't married when we bought our house and did so as tenants in common (intentionally)

We made wills to ensure that neither of us would have to leave our home while dealing with bereavement. We did this by leaving each other our deposit and life insurance and savings up to the balance (or as close to) with smaller amounts left to our siblings.

This will didn't need updating despite having a child together, as we agreed that we would not want to lock £ up with a young child.
Should something happen to one of us, we would want the other one to have fullest financial flex poss so money can be used as needed.

MinnieMountain · 28/11/2021 17:10

Do you have a copy of your TR1? It says at point 10 what you chose.

The Land Registry wouldn’t let both being ticked get through.

GreenLunchBox · 28/11/2021 17:15

@MsFanciful

We were never asked to choose between joint tenants and tenants in common. I have checked the contract and it actually says both Confused
In my experience conveyancers don't even ask. It's so odd Confused
Mhc19 · 28/11/2021 17:20

If its gone down as joint tenants you can sever the joint tenancy with just a simple form and submitting it to the land registry. There might be a small charge, but if your solicitor never asked you should ask that they pay for this.

FallonCarringtonWannabe · 28/11/2021 17:27

Who will raise your son if you die?

VladmirsPoutine · 28/11/2021 18:03

Have you as a couple discussed marriage / wills?

MinnieMountain · 28/11/2021 19:11

In my experience as a conveyancer we always ask and clients rarely remember what they have been told during the transaction—if they bother to read our letters at all—.

Opal8 · 28/11/2021 19:16

Right so you need to be tenants I'm common and you need to make a will making your son your beneficiary of your half of the house equity/value.

Do this ASAP.

@Mumblechum1 who is an mumsnetter did mine. All very straightforward.

Opal8 · 28/11/2021 19:17

Oh, and obviously you need to choose a guardian fir your son should you die before he reaches 18.

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