Home/mortgage pre marriage

[Mum2Fergus]

Genuinely asking for a friend!

She has a DS, not to current DP, and has had house/mortgage in her own name since DS was small (another 18mths and she will own outright) DS in process of moving out. If she was to marry DP what needs to be in place to ensure that the house passes to her DS and it’s not considered marital home/asset? Is that even possible?

Selling and getting joint marital property is not an option.

You can’t avoid it really if they do get married and live there together then it becomes the marital home.

If she wants the house to remain hers, hers alone, and to pass to her son then she would need to not marry. And in honesty even if they didn’t marry, they live there together for say 20 years and then she dies her partner could still argue they have a claim to the property.