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Marital home

7 replies

Theaspidistraiswilting · 11/01/2021 11:21

I moved into my partners house. We have now been married for 10 years and I assumed that the property would transfer to me on his death. Apparently this is not so! What do I need to do to make sure that in the event of his death the house belongs to me?

OP posts:
FelicityPike · 11/01/2021 11:24

Why wouldn’t it if you’re married? Has he willed it to his children?
(Buy into his mortgage.
Have him put it in his will.)

Theaspidistraiswilting · 11/01/2021 11:39

It may be complicated as he has children from a previous relationship. Can I just register marital home rights? This won't mean that I own the property though will it?

OP posts:
PurpleMustang · 11/01/2021 12:14

Wow slow down. Talk about drip feed. He has children from a previous relationship so the obviously sensible thing would be that he has a will that splits his estate as he sees fit between you and them. Surely you are not saying they should get nothing?

Farahilda · 11/01/2021 12:22

Does he own the house outright? If not, does he have insurance in place that pays off outstanding mortgage in his death?

Has he made a Will?

In which jurisdiction do you live?

prh47bridge · 11/01/2021 12:23

If he has made a will since you married that will govern what happens to the house when he dies. If that does not make proper provision for you, you will be able to make a claim under the Inheritance Act.

If there is no will, you will inherit all his personal belongings, the first £270k of his estate and half of anything over that. The remainder will be split equally between his children.

There is nothing you can do in either scenario to make sure that the house belongs to you.

prh47bridge · 11/01/2021 12:30

I should add that my post assumes you are in England or Wales.

notanothernamechange766 · 11/01/2021 12:44

Who does your DP want the house to go to ?

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