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Original poster

Mr X has died : who gets the house?

201 replies

MySecret21 · 26/12/2023 17:49

Just after some advice please…

If Mr X dies and he lives alone in a property that he owns (no mortgage) what happens to the house?

He has two children but they are both under 18 and live with their mother. Mr X and their mother were never married and separated over 10 years ago.

The only other family Mr X has is his dad.

As Mr X’s children are below 18, will the house go to his father instead?

There is no written will so everyone is just speculating as to who decides what to do with the house and who gets what.

Thank you.

OP posts:
Thread gallery
6
Mumoffife · 26/12/2023 17:51

What jurisdiction is Mr X resident in and where is the house located?

FormerlyPathologicallyHappy · 26/12/2023 17:51

Goes to the children.

BorsetshireBanality · 26/12/2023 17:52

In which country does Mr X currently live?

CandyLeBonBon · 26/12/2023 17:52

The rules of intestacy and inheritance law explained
When someone dies without a valid willl_ there are strict inheritance laws, often referred to as the rules of intestacy, which apply in England and Wales.
The rules of intestacy don’t allow for modern family relationships. For example, they make no provision for unmarried and unregistered partners. This means that on intestacy, the surviving partner will not automatically inherit any of the property and possessions owned in the sole name of the deceased. However, a partner can often make a valid inheritance claim instead, or the family can legally vary the distribution on intestacy to provide for the partner.
The rules of intestacy also only recognise natural and adopted children for the purpose of inheritance; they do not acknowledge step children. However, in many cases step children can often have a valid claim.
Under the rules of intestacy, the estate will be divided between their relatives in a certain way.
If the person who died was married or in a civil partnership and has no children, all of their estate will go to their spouse or civil partner.
If the person who died was married or in a civil relationship but does have children, the first £322,000 of their estate will go to their spouse or civil partner, along with any of their personal possessions. Anything over £322,000 will then be divided, with the spouse or civil partner receiving 50% of this and the children entitled to divide the other 50% between them.
If the person who died wasn't married or in a civil partnership, but was living with their long term partner, this partner will not be entitled to receive anything. Cohabiting partners and long term partners are not protected under the rules of intestacy. The law does not recognise the concept of a ‘common law marriage’.
If the person who died wasn't married or in a civil partnership, but does have children, the whole estate will go to them. If there are no children, then the estate could go to the parents, siblings or other relatives.
It is important to note that jointly held assets may not pass under the rules of intestacy but instead pass to the surviving joint owner. This is the case where a house is owned with someone else as ‘joint tenants’ or there's a joint bank account. It works differently for property owned jointly as 'tenants in common' though. For more information, see joint tenants and tenants in common.

pickledandpuzzled · 26/12/2023 17:53

You need to specify country. It may be between the children and father.
Was mr x named on the birth certificate?

ThisOldThang · 26/12/2023 17:53

Goes to the children, but should really be placed in a trust until the children are adults.

Hatty65 · 26/12/2023 17:55

If you are in England then Mr Xs property will go to his next of kin if he has died intestate. (Left no will) It will enter into probate for the court to decide who this is. This will be his children, provided he is named on their birth certificate. Generally speaking next of kin goes in this order:-

  • Spouse
  • Children
  • Parents
  • Siblings
  • Grandchildren
  • Grandparents
  • Aunts and uncles
  • Nieces and nephews
BorsetshireBanality · 26/12/2023 17:55

What debts does Mr X have, if they outweigh his assets then there wail be nothing to inherit.

SisterMichaelsHabit · 26/12/2023 17:55

fiorentina · 26/12/2023 17:53

This advice only applies to England. The law is different in NI, Wales and Scotland. And further afield, of course, it is also different. OP you really need to state where this person is.

caringcarer · 26/12/2023 17:58

The DC will inherit. If the DC's Mother is renting it might be that she and DC can move into the house and it not get sold until youngest DC is 18, with the agreement of both DC.

RoseAndRose · 26/12/2023 18:07

if E/W

A u18 cannot themselves own a house, but as they would stand to inherit it under intestacy laws, then it would be put in trust for them. What happens to it between death and the youngest DC reaching 18 (when it is likely to be sold and profits distributed) would be up to the trustee - who could also (I think) decide on immediate sale

That assumes that the other assets of the estate cover any debts. If they do not, then the house will have to be sold and the DC share anything that is left after debts are settled

Original poster
MySecret21 · 26/12/2023 18:09

We are in England.

The children are 17 and 13 and he is named on both birth certificates.

He has no debts and a nice amount of money in the bank (about £40k).

OP posts:
Xmasblues · 26/12/2023 18:23

I always thought the next of kin is the parents (if not married).

When I was doing my new pension form online, it said that my next of kin would be my parents as I’m not married and my child is under 18.

CrabbiesGingerBeer · 26/12/2023 18:23

Then it goes to the children in equal shares in trust until they turn 18.

For the avoidance of doubt, the law was changed in 1970 to allow a child to inherit from a father not married to their mother (in case someone gets very out of date and starts suggesting that makes a difference).

CrabbiesGingerBeer · 26/12/2023 18:23

Xmasblues · 26/12/2023 18:23

I always thought the next of kin is the parents (if not married).

When I was doing my new pension form online, it said that my next of kin would be my parents as I’m not married and my child is under 18.

Next of kin and who inherits under intestacy laws isn’t the same thing.

Xmasblues · 26/12/2023 18:25

fiorentina · 26/12/2023 17:53

This is very informative.

Iwantamarshmallowman · 26/12/2023 18:27

when my father died, everything went to his parents.

CrabbiesGingerBeer · 26/12/2023 18:39

Iwantamarshmallowman · 26/12/2023 18:27

when my father died, everything went to his parents.

If you were in E&W, there was no will, the property wasn’t in joint names and this was after 1/1/70, it shouldn’t have done.

Even before 1970, if your parents were married when you were born, you should have inherited.

TheYearOfSmallThings · 26/12/2023 18:43

His estate will go to his children, unless he has specified otherwise.

IncompleteSenten · 26/12/2023 18:46

You said England so it's the children according to cab website

Original poster
MySecret21 · 26/12/2023 18:49

It what will happen to the house?

Does it have to be sold and the money shared out? Or could the children live there with the mother?

OP posts:
ArcaneWireless · 26/12/2023 18:50

Shame to see part of the estate being referred to as a ‘nice amount of money in the bank’.

RoseAndRose · 26/12/2023 18:54

MySecret21 · 26/12/2023 18:49

It what will happen to the house?

Does it have to be sold and the money shared out? Or could the children live there with the mother?

It'll be up to the trustee to decide whether and when to sell, and what happens to the property before it is sold (rented out for income, used by family)

I don't know who gets to appoint trustee/s in cases such as this

Charlize43 · 26/12/2023 19:09

Hopefully Mr X will have left it to the Cat's Protection.