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?

I'm divorced and would never marry again for the same reason. My house will go to my DC. My ex remarried and I doubt my DC will see anything of his house if his wife outlives him.

Bit of a drip feed here but if I've understood it right, you have children who aren't your husband's, and if you died before your children were grown up, you would want the house or the money from the sale of the house, to go to their upkeep, rather than you husband who has his own income.

This seems fair. I don't think a lot of commenters have picked up that you children are still children in the age sense. Definitely consult a solicitor, there are ways to do this.

My mistake 😂

Exactly that. I won’t be turfing out an impoverished 89 year old.

I’m assuming here that your Dc are not adults? If that’s the case, where would they live if you died tomorrow? Would your DH not be allowed to have them live with him in the house you now live in? This would be the least disruptive to your DC.

Totally understandable

Its been years and years since i wrote my will (well, a solicitor wrote it for me).

I also soley own my house and I'm leaving it to the dc. However dh has a right to live in it till they are 25, or 10 years after i die (i dont recall the terms exactly). My thinking was that i didn't want them to turn 18 and suddenly be sitting on a huge sum of cash which they may be tempted to party away in hedonistic 18 year old style. Also, i think there were some implications with inheritance tax by doing it this way.

It was all sorted years and years ago when i was full of post patrum hormones and sleep deprivation so I'd advise getting a proper lawyer to write a thorough will and cover all potential eventualities - my will covers endless scenarios from a) i die, b) me and dh die, c) we all get wiped out in a car crash, d) one of my dc has died but has left a grandchild, etc. So its hopefully pretty future proof.

So you’re going to boot out your husband despite the fact they’re covered? If money is so comfortable you’re able to prioritise inheritance over basic living for your life partner, I would (together) buy a second property for your husband should the worse happen, it’s all very well saying you’d change your will down the line but something could happen in the meantime (even after your death before you know) to inhibit his income and his income might not keep up with property prices.

Yes this is an option

Yes, this is what you do if you really do want to protect your children; you don’t remarry. It changes the dynamic of then relationship I suppose, but then that’s the point? Marriage is a legal contract, if you don’t want to fulfil that, don’t do it!

Fab. Feel free to stop wasting your own time responding.

So you both earn huge amounts, you are presumably intelligent if that's the case, but you are here asking about wills to people who have no specialist knowledge rather than consult a solicitor who does specialise in will writing?

You absolutely cannot guarantee this. A legal spouse will have rights for reasonable financial provision. He could make a claim under about:blank Inheritance (Provision for Family and Dependants) Act 1975

You are better off going to see a solicitor and drafting a will either giving him a lifetime interest. (Could still bring a claim for ownership though if he has no property himself and is not financially independent) or most practically change your ownership to tenants in common leaving him a percentage of the property and a lifetime interest.
It sounds like this is quite rightly important to you. Spend a little bit of money with a specialist rather than lose everything or more than you would like through intestacy rules .

The situation on divorce is different to the situation on death. For divorce purposes it would be in the pot. For death it depends on who the legal owner is.

Most commonly where a house is in one name the will would leave to the DC but give the DH the right to live there for life/a period of time (often unless he remarried).

I think she’s goading.

You "adore"your husband yet you see him paying half the mortgage every month as paying rent like your lodger?

YABVU

I am ‘new’ to having plenty of money. Grew up very poor. So estate planning etc is not something that would ever have been on my radar.

I agree. I just find it somewhat childish.

I grew up very poor, however I do have the brains to know that consulting an expert in any subject is better than consulting random people who aren't qualified.

More important than the house, imo, is who will raise your dc? Is that all arranged?
There is going to be plenty of money by the sound of it, so you need trustees who will oversee the money for your DC in addition to whoever is raising them.
It may be their dad- but you need someone else keeping an eye on the finances.

I don’t think you can do this. If you do he could contest your will. You need proper legal advice.

As others have said any advice we would give is anecdotal and not professional

regardless of who supplied the deposit he has been paying half the bills ie mortgage and repairs and improvements presumably and therefore has an interest in the property - kindly - if you had never intended for him to claim a share of the house then you should have paid all house related bills yourself.

You can leave the house to the children however he can could contest it under reasonable provisions and there is a minimum - something like £170k you’d have to will to them to avoid this. But perhaps him being a significant earner a court might say he doesn’t need reasonable provisions if he has his own assets

Was it made post-marriage? Just asking because a marriage would invalidate previous wills.

You really need to speak to a solicitor, not random people, as a lot of the advice on here is wrong.

A solicitor will likely suggest that you either leave a cash legacy to your husband (similar in value to a certain % of the house) or leave the house on a life interest to him but ultimately passing to your children.

the fact that the house is “100% yours on paper” doesn’t really come into it when you are married, especially when he has clearly been contributing to the household.

Based on the info available he would likely have a valid claim against the estate unless you have made a provision for him. You really need legal advice and confirmation of your position

When did you make this will? Because a marriage or civil partnership invalidates any prior will, so if the will predates your marriage, it's invalid anyway.