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Original poster

Can I ring fence family home? Anyone know?

42 replies

Handover · 30/01/2022 21:00

Does anyone know how this would work?

I was left my childhood home by my parents in trust.

Me and H are not going through the best of times and I really want to make sure I'm ahead of the curve and protect what I can for my child.

My plan was always to keep my old childhood home, I absolutely love it and it's worth quite a lot, the plan is to rent it out when I'm ready to. I want to keep it for my DC as their inheritance one day.

Is there any way I can keep this from being included in the family pot so to speak if me and H were to divorce?

He has other children too and there's no way I want this house being divided up between loads of kids. I would be devastated to lose it.

Can I put it into trust for my child? Would that work?

I will speak to a solicitor of course but just wondering if anyone knows?

I know all assets tend to be marital ones but just wondering if it was any different when it's property rather than cash.

OP posts:
InThePresenceOfWeevil · 30/01/2022 21:02

I would imagine as it was left to you in Trust then it should be protected? I'm not very knowledgeable in this area though I'm afraid.

NameChangesforNoman · 30/01/2022 21:04

No advice but good luck OP. I really hope you can.

FooKingDong · 30/01/2022 21:04

How does the trust work? Who is/are the trustee/s? Do you have a lifetime interest in it, or complete ownership? (In which case, why is it in trust?)

Lineofconcepcion · 30/01/2022 21:06

Maybe post on legal, where you will get decent advice.

Original poster
Handover · 30/01/2022 21:10

@FooKingDong

How does the trust work? Who is/are the trustee/s? Do you have a lifetime interest in it, or complete ownership? (In which case, why is it in trust?)
Sorry wasn't clear. It was left in trust when they were alive. It's now in my complete ownership, only my name on the deeds.

If I create a new trust and leave it to my child in that, can I stop it being included with marital assets, was my question.

OP posts:
HunkyPunk · 30/01/2022 21:11

@Lineofconcepcion

Maybe post on legal, where you will get decent advice.
No offence, but wouldn’t it be better to consult a solicitor specialising in property law?
Witchcraftandhokum · 30/01/2022 21:15

To be fair, if this was a man trying to prevent his wife having access to marital assets there'd be hell on!

gobbledygoook · 30/01/2022 21:17

@Witchcraftandhokum

To be fair, if this was a man trying to prevent his wife having access to marital assets there'd be hell on!
It's no a marital asset though! It's not something the potentially exH ever contributed towards or helped the OP achieve!! It's OPs passed parents home, that potentially exH and step children should have no claim on.
sunshinesupermum · 30/01/2022 21:18

You need a solicitor not MN. But as you are now the owner it does form part of your marital assets so if I was you I'd be getting a new trust drawn up pronto!

FooKingDong · 30/01/2022 21:19

@Handover Thanks for replying. I would definitely post on the legal board (there is often really good general advice on there - though you will be advised, rightly, to consult a lawyer as the answer would depend on more than just "can I do this?" - there are various other things that would be taken into account, and it's not stuff you'd want to put on an internet forum!)

Aquamarine1029 · 30/01/2022 21:19

Solicitor, ASAP. Make sure they are a good one.

Briarshollow · 30/01/2022 21:19

@Witchcraftandhokum

To be fair, if this was a man trying to prevent his wife having access to marital assets there'd be hell on!
Well, this gumph didn’t take long. It wasn’t a marital asset.
sunshinesupermum · 30/01/2022 21:22

gobbledygook they are married. She has her name on the deeds. It has nothing to do with the fact it was originally in trust as the trust no exists. She needs a new one drawn up naming her DCs as beneficiaries. That is the only way I can see her protecting it from her STBX and and step children in the future.

Original poster
Handover · 30/01/2022 21:22

@Witchcraftandhokum

To be fair, if this was a man trying to prevent his wife having access to marital assets there'd be hell on!
If I was talking our home I'd agree. But this house has nothing to do with him.

If I'm forced to sell my childhood home I'll never forgive him.

OP posts:
Original poster
Handover · 30/01/2022 21:23

And yes I'll go to a solicitor asap, was just curious if anyone had any info.

As far as I can see from my googling (!!) A trust in DCs name may be the only way 🤞just hope it's possible.

OP posts:
TrickyD · 30/01/2022 21:26

Yes it can be done. You need a specialist solicitor, not your local conveyancer and will writer. It won't be cheap but it will protect your 'bloodline'.

Witchcraftandhokum · 30/01/2022 21:26

Briarshollow and gobbledegook If she owns it he is entitled to half of it.

Original poster
Handover · 30/01/2022 21:27

I do have a back up plan if I can't. There is another asset (not property) which I think I'd definitely have a claim on as it's in joint names, I've not really done as much as him with it so he'd definitely not want me to have any of it. So I'll agree to leave that if he leaves the house.

OP posts:
Original poster
Handover · 30/01/2022 21:29

@Witchcraftandhokum

Briarshollow and gobbledegook If she owns it he is entitled to half of it.
But he shouldn't be. Which is why I'm asking how I prevent it 😄 in law he may be entitled to it. But morally, why would he be?!
OP posts:
HotChoc10 · 30/01/2022 21:29

I feel like I've read a few times that inheritances are not considered marital assets - but yes definitely get a solicitor

SeasonFinale · 30/01/2022 21:32

@HotChoc10

I feel like I've read a few times that inheritances are not considered marital assets - but yes definitely get a solicitor
Unfortunately it is not as easy as that.

OP are you anticipating that you will be getting divorced?

Witchcraftandhokum · 30/01/2022 21:33

Handover I agree with you, I'm just pointing out that if the roles were reversed there would be an outcry on here.

donotdisturbmode · 30/01/2022 21:37

You can put the property into trust for your children leaving husband a right of occupation in the Will, during his lifetime if you predecease him he can live in the property, but on death the property is released to children. You don't have to put the right to occupy in your Will.

LadyGAgain · 30/01/2022 21:45

Can you do a deed of variation and put it in your children name?

LadyMacbethWasMisunderstood · 30/01/2022 21:50

It is really not the case that if the OP owns the house her Spouse is entitled to half of it. From what she has said (caveat, we obviously don’t know all the facts) this house is likely not part of the marital pot. Inherited wealth can be treated differently. He might be entitled to half (or a share), but whether he will be is fact specific; depending on whether the house is or has been the family home, whether he has contributed to it at all and, really importantly, what the needs of both the parties are. The misapprehension that everything is divided 50/50 has potential to lead many people astray.

OP, the answer is that it might be possible to ring fence the property. No-one on here will be able to tell you for sure. But it’s worth looking into. Go and see a solicitor asap.