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?

If I was your husband and found out that this was in your will I would stop making mortgage payments immediately. I hope you have been open with him about is, poor guy is going to get blindsided should the worst happen.

My husband is aware of my wishes and is in support of me! He’s well able to take care of himself…

I bought the house before we were married

Yes I’ve absolutely been open with him! He knows and has always known that I would want to do anything to ensure my kids are provided for.

I'm not convinced this post is genuine by the 'hahahaha' comment. This isn't really a laughing matter.

Great way to announce you don't love your husband on the Internet, btw.

Of course you want to provide for your children, but god, you're cold. Happy enough for him to contribute to your house and lifestyle now, and your kids, right?

I didn’t say he paid the deposit but paying towards the mortgage over the years is still paying towards the marital home and it’s likely he would legally have a stake in the property. No one can tell you sure sure because we won’t have all the details but it’s not just as straightforward as you being able to give the house to anyone when it’s the marital home he has financially contributed to.

Did you make the will before or after marrying? Because marriage invalidates wills.

Legalities aren’t the issue here. You are effectively trying to steal from your husband by leaving him no interest in a house he’s paying half the mortgage on. His six figure earnings are irrelevant because he’s been paying them all into your joint account, and in any case he may well be retired by the time you die if you do pre-decease him.

If he pays 50% of the mortgage he should morally be entitled to 50% of the property minus the deposit. I divorced my ex who had contributed our deposit. I could have demanded 50% but I didn’t ask for that because of the deposit. You can’t however take his portion of the house, what would happen to him when you due homelessness?

He’s paying half the mortgage on a house he has no legal connection to? Guy’s an idiot.

I wonder what those “various reasons” were, that put your husband is such a vulnerable position?

If the sexes were reversed, posters would be telling you to get legal advice. He needs to get himself added to the Deeds as soon as possible.

So what’s the point of the thread ?????

This is so weird to me. I adore my husband! I just know that if I died he would not need the money as he has a brilliant income. My kids would need it. I’m also a high earner (I earn slightly more than him!) so no one is struggling but if I died then my children’s lives would change substantially.

You can grant him a life interest to stay in the property but your share passes to them when it’s eventually sold. Uou need to hold as tenants in common. Solicitor will advise.

How is him paying towards a place he lives me stealing from him? I could easily afford the whole mortgage payment, he wants to contribute.

The house is yours so you can do what you want to a certain extent but if he’s paying for half the costs or paying other bills so you can afford the mortgage consider if it’s fair. In divorce it will be considered a marital asset. You need a will for starters and a proportionate solution could be he has right of occupancy for rest of life or set number of years. If your children are under 18 you also need to consider where they will live, they can’t live alone

So you've discussed it with him?
Edited to add i can now see it looks like you've discussed it so I'm another one who can't see the point in the thread.

If he doesn't need the money and is so wonderful then why are you even asking us? surely he would not contest any will in that case and this question is completely redundant

After

Does he have a property of his own?

I understand your thinking but I think you have really muddied the water by having him contribute to the mortgage payments.

Personally I would not have married in this situation - one of the primary benefits of marriage is to enable tax free inheritance between two adults, so you have all of the downsides of that legal commitment without wanting the upside.

The other issue to consider is the pain this could cause your children, he could contest the will and he’d have a case as your husband and the joint account. They could also be put through a legal battle whilst grieving. There’s a few ways you can deal with this but cutting him out and making him homeless is not the right one for everyone concerned.
at the very least he needs to register an interest in the house now which he can legally do

Yes. I just didn’t know if legally I’d need something more than a will to ensure it’s water tight.

I am in similar position, although long term but not married. I went to a solicitor as ive had 20 years of mortgages etc, currently have 2 of the buggers as buying an ex out amd had to fight to get him to agree etc, so feel very much the house is just mine. Partner is lovely but these are my kids..want the house to go to them

I went to a solicitor as wanted my partner to live in the house when I died, until his death and then fall to the kids as inheritance. Solicitor said that's fine....as long as we don't ever marry. If we did husband would be entitled to the house. I dont belive right now he wouldn't then leave it to the kids but realistically, I could die tomorrow and he meet someone else and be with them 30 plus years. As it is...I remain engaged but not married til I future this out!

Watertight against what?
You want to leave to kids he doesn't mind what's the problem?

Very sensible!

You've discussed it, he is onboard and you already have a Will (presumably professionally written) so what exactly are you asking?