Joint home ownership, husband's children and wills

[Wickedwitchofthewest789]

DH and I are buying our first house together, we've been in rented up until now.

We're married and he has two children (21 and 14) to his first wife. I don't have any children.

The relationship with his ex-wife and eldest child is strained, the younger one isn't really old enough yet to understand fully, but when he is I think the problem will escalate into that relationship also
.

I wasn't the cause of his marriage breakdown but have been treated as though I was by his ex-wife, this has been translated down to the children and they are openly hostile towards me. All of this is managed day to day, week to week and isn't great but I'm not posting about this part of it, just putting it here for background.

Does anyone have any advice about home ownership and wills. If I outlive DH and he leaves his 'estate' for what it's worth he's not rich, to his children in his will (which I don't have a problem with), what happens to the house which will be jointly owned by us? If I only own 50% and they own 50% can they force me to sell to get their 50% or will I be able to live in it until I also die?

As a wife I understand I'll be left DH's estate unless he makes a will stating otherwise? I imagine he'll leave everything to his children.

Any advice please before our meeting with the solicitor. I'd like to be forearmed.

The part of the house that he owns can be put into trust for his children. He can stipulate that his half is in trust until you die or you move in with another partner. This means they can’t chuck you out. My MIL just passed away and her partner owns 10% of the house but my husband and his siblings will it get their share of house sale in line with above

We’re in a similar situation but it’s me with the child from previous. I’ve taken out a life insurance policy to pay out solely to her in the event of my death then husband keeps house.

Will not get their share

You won't be allowed to live in it, unless it's stated in the will. I know a Widower in their 60's being forced out of what was his joint home, luckily he has health is and qualifies for a housing scheme.

You need everything set out or this will hit you like a ton of bricks at one of the most vulnerable times in your life.

Please see a solicitor to advise you on this. But I would recommend at the least you own the house 50/50 as tenants in common and he make a will leaving you a life interest in his half share and then onto his children (all his children, including any he has with you) when you die.

*has health issues.

What about if he left his 50% to his children under the condition that they wouldn't receive that until you wanted to either sell or until you died yourself (so basically you could still live there)? I think that's the fairest way to do it, it will be your home

You can either own the house as joint tenants or tenants-in-common. Google the difference or get the solicitor to explain.

He can add a clause to his will that leaves his share to them (if tenants in common) but you have the right to live in the house until your death. You going to have problems though as they will own half and will they contribute to repairs/maintenance of the property?

My house is owned by me, and left entirely to my child. In my will, it states that he can live their for 6 months after my death, before my child can sell it.

Gosh it's complicated. In an ideal world I'd like them to get their share after my death, due to the breakdown of the relationship I don't really want to have to deal with them after the death of my husband (if I outlive him). So won't want conversations over repairs and maintenance (I'll pay for it all), or about selling. If he's left his share to them am I delusional?

We have no children together so I'll probably leave my share to my niece. I definitely wouldn't want my husband forced to sell so she could get her share, and she'll be more than happy to wait, but I don't think the same will apply with my husband's children.

As his wife, unless he has a will stating otherwise, all of his money and property will go to you automatically whether your name is on it or not. The will would be to protect the interests of his kids - to be honest in this situation I would not want to dilute my children’s inheritance and wkjlr mot have gotten legally married.

I think this is relatively straightforward that a stipulation in the will to the children inheriting is that you can live there until your death. I think this is quite common, and would also mean that if you needed care, they'd only be able to claim on the fees for half the property.

Does mean it needs to be done properly by a solicitor though.

If he’s going to leave his share to them, then you are going to be joint owners with them in some form, that’s unavoidable.

But if you live in it until you die/go into a home, it’ll be your niece who’ll have to cooperate with them in terms of selling it etc.

If you are joint tenants then the property will automatically transfer to the survivor.

Tenants in common means that the percentage of the property owned by the person who has died can be left to a nominated party. However this also means that if they wanted to they could legally move into the house with you or cannot access their share unless the house is sold or you can buy their share. If the relationship is fraught it may be wise to take out a life policy to leave to the children and buy as joint tenants

You really need a solicitor and the house to be as Tenants in Common not Joint tenants so each of you can leave your half of the house to who ever you like. However you naeed to make arrangements for what happens if one of you dies so you dont get tipped out of the house. Please take legal advice to cover all eventualities. It can be done but needs organising, eg if he leaves something to his children and one of them dies before him, who gets that share. If he has other assets he could bequeath separately. If yoy are joit tenants the surviving spouse gets it all so he would want to make provision for them in some way, or after the second death

I’m married to a man who had a 2 year old with his ex partner. He and his partner had split a year before we got together and we have always had a cordial relationship with his ex. My husband and I have a son together. Our children are now adults. Our will states that whoever dies first will leave everything to the spouse. We decided that when that person dies that our joint son should have three quarters of everything and my husband’s son will have the remaining quarter. We jointly decided this because if we both die our joint son will have no one but my husbands son still has one parent.

Are you planning to have children? That will need to be taken into account as well.

Scotland or England - different laws! Go to a lawyer.

You need a solicitor to sort it because you also need to sort who gets your share should you die first especially if you don’t want it to go to his children.

The way that you need to look at it (legally so via a solicitor) is sort the fairness as if you love eachother (in terms of split etc) but protect it like you have fallen out if that makes sense?

@GrumpyHoonMain one of the reasons I married him was to protect myself financially. This may sound harsh but it's a very harsh situation to be in. Diluting his children's inheritance was not my goal, but I must protect myself. It's his money to leave to who he wants, but as a partner or girlfriend I knew it would automatically go to his children and they'd have me out before he was buried.

No we won't be having our own children.

We are meeting a solictor but I wanted to be aware of the options first. Thank you all.

I wonder why 17% think I'm unreasonable?

I just want to live in my own home without being forced to move out should the horrible event of my husband dying first happen.

Is that really unreasonable? I posted on this board for traffic.