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How does this work with a blended family?

41 replies

Muchconfused · 18/11/2023 09:41

DH and I need to do our wills. We have two children together and he has two children from a previous marriage.

Our family home - if DH died, does half of the home go to me (and our 2 children) and the other half to his other two children, or is half of the home mine and his half is split between me (and my two children) and his other two children?

I hope that makes sense! 🥴

OP posts:
PuttingDownRoots · 18/11/2023 10:55

Is this a jointly owned property, or do you still retain your former property?

TreesInTheMorning · 18/11/2023 11:01

I’ve done the same. House is owned as TIC with my half willed to my 3 kids (1 shared) and his half is his to do with as he wishes. He could choose to will it all to our child if he wants. He hasn’t actually made a will yet so it would all go to me at the mo.

Muchconfused · 18/11/2023 11:03

@Miri42 I could change my will though to benefit my own children

OP posts:

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Muchconfused · 18/11/2023 11:07

@PuttingDownRoots I’ve sold my property so need to reinvest in an investment property or put towards the purchase of our next home. All our children are still minors and we are young. We are planning on selling this and buying another home in the next 5 years

OP posts:
Lackinginspiration1 · 18/11/2023 11:10

Your half stays yours. His half split between you (and your children eventually) and his first children, but you keep a life interest to remain in the house until you die so his children don’t get their share until that point. His first children have their own mother to inherit from so don’t need any of your half

HelloWorldLovelyDay · 18/11/2023 11:24

It sounds like he bought the house and you are living in it? I assume this means it is currently 100% his house? And when you put your money towards a shared house in the future, that house will be then 50% his, but it doesn't sound like that's the current situation?
So for this current house I assume he is correct in splitting it between all 4 children. And for a future shared house your share would go to your 2 children and his share split between 4 children.

NextPrimeMinister · 18/11/2023 11:32

Agree with @HelloWorldLovelyDay. His current view to leave his house split x ways with all his current children is the only way he can ensure his kids get their fair share. You would be given a life interest to remain (if he wants to)

Once you've got your second property, you can do similar to me and other posters.

But it's a bit presumptive to expect 50% of his home. Especially as you'll have an investment property in your own name.

UnremarkableBeasts · 18/11/2023 11:40

A sensible way to do it is the splitting the house into eighths plan. so the SC would be entitled to 1/8 each, and your children ultimately 3/8.

But you can also give each other a lifetime right to stay in the property, rather than leaving the surviving partner having to immediately ‘buy out’ SC. They still get their inheritance - they just have to wait for it.

Your will should also seek to protect your children’s inheritance from you in the same way. You want to make sure they each get 1/4 of it regardless what your husband chooses in future.

Muchconfused · 18/11/2023 11:53

Yes, current situation is DH bought the property 2 months into our relationship and I moved in month 9, 10 years ago. We have since got married and have had 2 children. I contribute it’s just my name isn’t on the mortgage.

We will move and the next property will be jointly owned.

So current situation he splits equally 4 ways.
When we move half is mine and he splits his half 4 ways. I guess I agree, although I am conscious I pay everything for our children and I also contribute to food, bills etc, he does still pay more as he earns more.

You have all helped me have a better understanding though, so thank you

OP posts:
UnremarkableBeasts · 18/11/2023 12:01

I am conscious I pay everything for our children

Why doesn’t he pay anything for 2/4 of his children?

CatusFlatus · 18/11/2023 12:04

Muchconfused · 18/11/2023 10:11

@NextPrimeMinister do you share any of the children? DH wants to split the home down the middle - half for me and our two and half for stepchildren. I’m thinking half is mine and his half should be split between all 4 children.

You are right. That's what we did in that situation.

What's he's suggesting is not fair. Does he feel guilty about his first children or something?

aSofaNearYou · 18/11/2023 12:15

Muchconfused · 18/11/2023 10:11

@NextPrimeMinister do you share any of the children? DH wants to split the home down the middle - half for me and our two and half for stepchildren. I’m thinking half is mine and his half should be split between all 4 children.

If he does this, he is essentially disinheriting his children with you and he needs to be confronted with that fact.

The house should be split in half, your half goes to your two children and his half goes to his four. Anything else is totally unfair on his part towards your shared children.

Muchconfused · 18/11/2023 12:17

@UnremarkableBeasts he will pay a bigger share of all the other outgoings, mortgage, food, bills etc

@CatusFlatus Perhaps he just hasn’t thought about it properly and we’ve only had one brief conversation about it yesterday. That’s what I’m hoping! The stepchildren will do extremely well out of their mothers estate and they are happy teenagers, I don’t think it’s guilt. I guess he sees it as everything we have will be split between 4 children as he thinks that’s fair to all of his children. He hasn’t thought about the contribution and investment I will put towards our life together should benefit my children as they will also benefit from their mothers estate.

OP posts:
Miri42 · 18/11/2023 14:20

Muchconfused · 18/11/2023 11:03

@Miri42 I could change my will though to benefit my own children

I suppose everyone’s marriage operates differently. Our house belongs to us a couple. If we had a huge chunk of other money then we might think about how that might be split, definitely if the children are still dependants

Bobtheamazinggingerdog · 18/11/2023 14:24

Muchconfused · 18/11/2023 12:17

@UnremarkableBeasts he will pay a bigger share of all the other outgoings, mortgage, food, bills etc

@CatusFlatus Perhaps he just hasn’t thought about it properly and we’ve only had one brief conversation about it yesterday. That’s what I’m hoping! The stepchildren will do extremely well out of their mothers estate and they are happy teenagers, I don’t think it’s guilt. I guess he sees it as everything we have will be split between 4 children as he thinks that’s fair to all of his children. He hasn’t thought about the contribution and investment I will put towards our life together should benefit my children as they will also benefit from their mothers estate.

Yeah. He's viewing the house as 100% his to dispose of. It's not, it's 50% his, and he can do what he wants with his half, leave it all to his first 2 kids if he wants, but he would need to acknowledge that was his choice to be inequitable, not a ' fair split' between all his kids

UnremarkableBeasts · 18/11/2023 16:16

@UnremarkableBeasts he will pay a bigger share of all the other outgoings, mortgage, food, bills etc

surely you can see that this expectation that his youngest two children are your expense is what feeds into his idea that he doesn’t need to provide an inheritance for them either?

If he is the higher earner, he should be paying more towards the shared expenses. But your children (that you is plural) should be a shared expense.

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