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Original poster

House inheritance

37 replies

doughnutcraver · 01/03/2022 18:14

So upset and angry. My mother died three years ago. In her will she put her children and grandchildren to inherit her half of the house with and my step father(no children) owning the other half. It stated the stepfather could live there until he died if he wished. They were tenants in common if that makes any difference.
Step father has met another woman and wants to sell the house and apparently been told by a solicitor that he could buy another house and we the children and grandchildren would then own half off this new house. Surely not?
Ive always had a bad relationship with step father and told my mother years ago that he would rather give the house to dogs trust or NSPCA than let us have it. My mother said that is why she is doing her will to protect us.
I can't afford solicitors so he will probably get away with whatever his plans are.

OP posts:
cathyandclare · 01/03/2022 18:20

I can’t see how he could sell the house without the other owners’ permission. As tenants in common that is the heirs stated in your mothers will.

Not a lawyer- but that’s my understanding.

lady725516 · 01/03/2022 18:26

As pp said, that's my understanding too. He can't sell the house without consent from all other owners

CharacterForming · 01/03/2022 18:27

What does the will say exactly? It's standard practice to allow the widower to move house in this circumstance rather than be required to physically live in the same house for the rest of their life. I think depending on the will you should be given an interest in the new house equivalent to half the current value of your mother's house.

Associatepeggy · 01/03/2022 18:28

My understanding is that if he sells the house he has to pay the beneficiaries their money. Because, selling up is normally one of the stipulations of the right to live there.

Batshittery · 01/03/2022 18:30

It's my belief that he can stay in the house, however, once he sells it he then only gets to keep his half. You ( children/grandchildren) then get the other half but I am not an expert and don't have any legal training

Original poster
doughnutcraver · 01/03/2022 18:32

Oh thank you so much I have gone from having a good day to feeling so crap when he told me that
he had met someone else and wanting to buy a new property. The new women doesn't have money or property so between them it's only the house and his pension.

OP posts:
Lolacat1234 · 01/03/2022 18:34

My mum in this exact situation. She owns half the house and my dads half is held in trust for me and my half siblings and she is allowed to live there until she dies. She does not need our permission to sell the house (she has done so once since he died and may well do again as she needs now to live on one level). What happens is that my dads half of the equity of any sale is put back into the trust and she keeps the half that she owns. That's if downsizing and releasing equity which she has done. Definitely don't need the permission of the beneficiaries to sell up.

Original poster
doughnutcraver · 01/03/2022 18:36

@CharacterForming

What does the will say exactly? It's standard practice to allow the widower to move house in this circumstance rather than be required to physically live in the same house for the rest of their life. I think depending on the will you should be given an interest in the new house equivalent to half the current value of your mother's house.
So he buys another property with new girlfriend and myself and siblings would own the equivalent of my mother's half of the house in his new house? If he dies his half would go to new girlfriend and we would own a portion of her home?
OP posts:
Associatepeggy · 01/03/2022 18:37

@doughnutcraver

Oh thank you so much I have gone from having a good day to feeling so crap when he told me that he had met someone else and wanting to buy a new property. The new women doesn't have money or property so between them it's only the house and his pension.
You need to check exactly what it says though don't take our word for it. Every situation, can be slightly (or vastly) different depending on the detail.
CharacterForming · 01/03/2022 18:37

Think about it. If your elderly mum was widowed, would you really want her to be stuck in the same house for the rest of her life even if she became disabled and desperately wanted to move to a bungalow, or nearer to you?

cathyandclare · 01/03/2022 18:37

Yes, apologies I got it wrong! This explains things: garner-hancock.co.uk/wealth-protection/what-is-a-life-interest-trust/

AskingforaBaskin · 01/03/2022 18:37

I would absolutely check with a solicitor. I have no legal training but did know someone who I believe was in a similar situation and it did go as your Step father said.

70kid · 01/03/2022 18:44

I read this I think it means he can sell but if he dies you will then get your half and the new partner get your his half if married or named in the will - she can’t move or sell use your half

the conflicting issues which arise on a second marriage. A new spouse can continue to live in the house, but on the death of the original surviving spouse the half share in the property passes to children or other beneficiaries.

Original poster
doughnutcraver · 01/03/2022 18:47

@CharacterForming

Think about it. If your elderly mum was widowed, would you really want her to be stuck in the same house for the rest of her life even if she became disabled and desperately wanted to move to a bungalow, or nearer to you?
No of course not I would hate that and in these circumstances I would happy help him to move into a smaller suitable place. It's not the case here though.
OP posts:
bedtimealready · 01/03/2022 18:49

Hello,
I'm in a similar situation. My Mum died 3 years ago too.
What I don't understand is: say current house is worth £500,000.
So: £250,000 in trust and surviving partners half is also £250,000.
What if my stepdad moves house and new house is worth £300,000.
What happens then?

ScrumptiousBears · 01/03/2022 18:49

This sounds about right. This happened with my fathers house that he owed with step mother. When he died she sold it and now lives in a different house where our money now sits u til she's dies or goes into a home when the house will be sold and we'll get our half.

ScrumptiousBears · 01/03/2022 18:50

Oh to add she bought a house less than the old house she sold so most of our mo et is in her house and she took a lump sum for herself to retire early

Original poster
doughnutcraver · 01/03/2022 18:51

@70kid

I read this I think it means he can sell but if he dies you will then get your half and the new partner get your his half if married or named in the will - she can’t move or sell use your half

the conflicting issues which arise on a second marriage. A new spouse can continue to live in the house, but on the death of the original surviving spouse the half share in the property passes to children or other beneficiaries.

That is complicated so when he dies the new women would have his half and we would own my mothers original inheritance equivalent after new girlfriend dies? The girlfriend is 25 years younger than him.
OP posts:
bellac11 · 01/03/2022 18:52

@Lolacat1234

My mum in this exact situation. She owns half the house and my dads half is held in trust for me and my half siblings and she is allowed to live there until she dies. She does not need our permission to sell the house (she has done so once since he died and may well do again as she needs now to live on one level). What happens is that my dads half of the equity of any sale is put back into the trust and she keeps the half that she owns. That's if downsizing and releasing equity which she has done. Definitely don't need the permission of the beneficiaries to sell up.
What happens if the house sale loses money in terms of equity?
CharacterForming · 01/03/2022 18:52

And yes if he dies and leaves his half of the new house to girlfriend then if she can't afford to buy you out you'll need to force a sale and evict her, but that equally would be the case if she moved into the old house.

Buzzer3555 · 01/03/2022 18:58

We had the same experience as my grandmother left us her share in a property she owned as tenant in common with my mum and stepfather. My mother tried to say she could buy another house and we would co own it
We got legal advice and were advised not to agree.

Original poster
doughnutcraver · 01/03/2022 19:01

The house is my childhood home. I think my emotions are clouding my judgement here. I don't want her moving into my mothers house so would actually prefer him to buy elsewhere- not that I have any say In the matter.
I have just found out about the new girlfriend and the planned move. it's all 100 miles an hour with him.

OP posts:
Original poster
doughnutcraver · 01/03/2022 19:08

@Buzzer3555

We had the same experience as my grandmother left us her share in a property she owned as tenant in common with my mum and stepfather. My mother tried to say she could buy another house and we would co own it We got legal advice and were advised not to agree.
Why did the solicitor not recommend going for the new house?
OP posts:
70kid · 01/03/2022 19:11

I think if your stepdad died you could force a sale or she could buy you out
Otherwise you will never see your money
My mum did the same but my dad passed away 2 years later so we inherited the whole house

1Wanda1 · 01/03/2022 19:16

What your SD can do re selling the house and using the proceeds to fund a new house purchase will depend on how your mum's will was worded, but it is common for a life interest holder (which is what your SD is) to be able to move house and the other beneficiaries' interest transfers to that new house.

The objective of setting up a life interest like this is to enable the survivor to be housed for the rest of their life but protecting the deceased's share of the equity for the benefit of the ultimate beneficiaries (usually their children). So it makes sense that your SD can do this.

That said, your consent to the sale will be required and usually your consent to the new property also (as your financial interest will be tied up in it).

I would take your mother's will to a solicitor and find out exactly what your position is. It shouldn't cost that much as it is a fairly discrete piece of advice.