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Do I automatically inherit my husbands house

12 replies

ADealingMummy · 12/07/2019 13:34

if he passes away ?
We have two young children together although he has two grown up children from a previous marriage.
I am thinking we need to do a will.

OP posts:
ChicCroissant · 12/07/2019 13:35

Are you joint tenants or tenants in common on the deeds, OP?

Beamur · 12/07/2019 13:36

A will is always a good idea.
If it's a simple one, you can get kits to do it yourself.

Berthatydfil · 12/07/2019 13:36

No - you inherit the first £125,000 the rest would be split between the children.

ADealingMummy · 12/07/2019 13:39

Really helpful comments. thank you.
The house is just in my husband’s name.

OP posts:
mycatisblack · 12/07/2019 13:40

Firstly, where is the house located - country?
For instance, in Ireland you can't disinherit your children.
Are you married or just living together.
Is your husband financially responsible for anyone else?

Rather than rely on answers based on a set of assumptions, you'd be better off visiting a solicitor who specialises in wills & probate matters.

steppemum · 12/07/2019 13:42

No - you inherit the first £125,000 the rest would be split between the children

is that right? I thought without a will, in England, your spouse inherited.

longearedbat · 12/07/2019 13:46

You need to make a will together, because it's important that your wishes (both of you) are followed. The division of property is only one thing to think about. For example, who would care for your children if you both predeceased them while they are still minors? Dying intestate can cause an awful lot of hassle for everyone left behind, but it is so simple to avoid this by making sure your wills are in place.

AnnaMagnani · 12/07/2019 13:51

Yes it is right.

For a house, it will depend if the house is solely in your husband's name or you are joint tenants.

For the OP (assuming she is in England and Wales), as it is solely in his name and he has no will, she would get the 1st £250,000 and half of the rest. The remainder would be split equally between any surviving children - or children of deceased children.

Below is a handy link for working it out depending on where you live and who are the surviving relatives.

www.gov.uk/inherits-someone-dies-without-will

So yes, OP, you both need wills.

hiddenmnetter · 12/07/2019 13:53

If the house is in your husbands name pay a lawyer to make you joint tenants. Then in the event of his demise, the house automatically and fully reverts to you. If he wishes to dispose of his estate differently then tenants in common will give you a share and he can direct his share how he likes. What does he want to happen?

CornishMaid1 · 12/07/2019 13:56

Presuming you are in England and Wales, without Wills as pp has said you get the first £250,000.00.

Over that, what is left in the estate will be split so you get half and the other half goes between DH's children (so including the children from previous relationship) or their descendants if they pre-decease.

It is important that you make Wills, especially if the house and his other assets total over £250,000.00 as otherwise you may have to sell to split the money with the children.

Her0utdoors · 12/07/2019 14:27

Please ask him to make a will, you are in an insecure position financially. Does hehave any life insurance policies, pensions etc? You should check that you are the named benificiary if it is hisintention for you to benefit if he dies.

ADealingMummy · 13/07/2019 08:52

Thank you all for your quality comments. It has been really helpful. I love mumsnet for this reason.
Definitely need to have a chat with my husband as I can see a will is definitely needed now.

OP posts:
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