To leave my house to my children and not my husband

[Moiraroseee]

I have two children and my main priority is ensuring they are always well taken care of. I am married to a lovely man who is not their father but has been in our lives for many years (firstly as a family friend prior to our relationship). For various reasons, when we bought our family home, it was practical for me to be the only person named on the mortgage and I supplied the entire deposit. The question I have is, if I die am I able to leave the house entirely to my children? He is not named on the property (although circumstances have now changed and he could be added now) - but since we are married is the property automatically 50% his and therefore would I be unable to leave it all to my kids?

Have it written in your will. I will 100% be doing the same thing. Not married, but all assets to our children if anything was to happen to me. I have life insurance also, he does not.

Definitely consult a solicitor but it is possible to amend the title to tenants in common with you owning 99% share of the property and he owns 1%. That 1% should protect his right to live in the house until it is sold, should you predecease him, even if you leave your 99% share to your children. He can, of course, leave his 1% share to who ever he pleases. But as I said, definitely consult a solicitor before amending the title.

No . Completely incorrect information ! The OP is married. Which makes the home a matrimonial asset and almost certainly gives him rights . Especially given the length of marriage and him paying half the mortgage. The family home is not OPs to Will to who she wishes , with the exception of the deposit, her husband has made equal contributions.
In divorce- the deposit would be considered to have become. ‘matrimonialized’ and this home would be considered a completely joint asset. As things stand, he would definitely have a claim under ‘inheritance (provision for family and dependents) 1975.
Just having your name on a property (if married) doesn’t necessarily make it yours.

Yes, and if her husband contested the will he’d absolutely have a case. But she has said that he is entirely happy for the house to go to the children upon her death.

Yes, and if her husband contested the will he’d absolutely have a case. But she has said that he is entirely happy for the house to go to the children upon her death.

Maybe he's not really thought about all the possibilities that could happen.
Life-changing illness, disability, redundancy etc.

It's fine saying 'yes' to OP's plan when you're fit and healthy (maybe in your 30s), but 20 or more years ahead that could all change.

I assume he's got the sense to save some of his income even though he's also paying towards the mortgage. (I also assume he thinks it's a good deal and cheaper than renting.)

See a solicitor. Make a will

Surely the sensible thing to do would be to say on the date we bought it (examples here) the house cost 250k, you supplied a 50k deposit and the other 200k youve been paying equally. Hold the property as tenants in common. His share is then 100/250 and yours is 150/250 ie you own 60% and ensure your wills reflect that. If there's an element of fairness to it then he's going to struggle to claim it all if you were to die first. Then make sure he retains the right to stay in the property until he passes on or remarries. And that your children retain the right to stay too.

He should be entitled to at least half the equity, in his own right. A trust could be set up for the remainder of the property.