Remarriage and mortgage

[Lisad1975]

Hi!
So my ex partner and I still have joint mortgage ( 10 years left) on family house ( 2 small children) its been agreed I will live there till youngest is 18 ( bout 15 years) he pays the full mortgage each month and thats it .
He has recently remarried so I was thinking if he were to die would his wife have a claim on his half of our house ?
He has life insurance that would cover the mortgage if something were to happen.
Thankyou!

Is that a private arrangement or via consent order?

Private arrangement

I'd recommend a consent order - with a private arrangement I pretty sure he could stop paying at any time.

You don't really want to be tied financially for 15 years.

And what will you do at 18 - will you have enough equity m/ income to buy somewhere else for you all?

I believe they are moving away from meshed orders where the house is hold until 18 in favour of a clean break.

You really really do need to get that all legally sorted out, I would be amazed if he pays willingly for another decade.
As an aside, what would happen if you moved a new partner in??

Yes will have enough when mortg is finished In 10 years so thinking mayb selling then as I be back at work etc
My main concern is his new wife and his share if he died . Not sure if he has a will
Does it need stating that that his share would be for the children if something happened?

I think you need it formally documented. It's very precarious if it's all down to goodwill.

Even if he said it would come to you he could change things.

And from another perspective - if you have finalised it and you came into an inheritance I believe he could lodge a claim against that.

Thankyou . If i did meet someone then I would agree to house sale but v unlikely imo ( fingers burnt and all that )
We have been sensible at the mo for the kids but of course yes things do need to be finalised for sure .

It depends on how the house is owned. If you are joint tenants the house will automatically be yours when he dies. His new wife will not have any claim on it. On the other hand, if you are tenants in common his half of the house will be part of his estate. What happens to it depends on his will (or intestacy rules if he hasn't made one).

Although on a claim under the Inheritance Act an interest in a property under a joint tenancy can be added back in to the estate.

Get a consent order.

I’m not legal and I know hi this is a legal board but I would definitely say you need to formalise arrangements on whatever manner appropriate

15 years is a long time
Why would he pay the mortgage all that time? What if he stops? What if his circumstances change and he can’t afford to? What if he has more children and his wife pressures him to stop ? What if you go to cms on top? What happens to the house at 18?
So many what ifs anyone if which could change Over the 15 years