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What happens in the real world when a partner is given a right to stay in a property after a death?

87 replies

Beamsss · 01/07/2026 12:34

This is often cited as a way to make sure DC get their inheritance whole partner does not lose their home, or is given time to find somewhere else to live, but I can't really see ir working on a practical level without causing a headache for all concerned.

What happems if the partner becomes to old/unwell to care for the place properly?

Doesn't it build resentment if e.g. children have to wait decades for their inheritance?

What happens if the partner has a new partner and children, and the place becomes their home?

I'm sure there are cold hard legal answers to all of that, but in the real world where people's lives are involved, aren't you just leaving a long term massive headache for everyone you love?

OP posts:
Tontostitis · 08/07/2026 20:52

In your widely hypothetical what if it would be even more important for her partner to stay in the property and look after the mythical primary school children then wouldn't it? Do behave

Nottinghillrose · 09/07/2026 08:45

downloadtoad · 01/07/2026 15:45

So my dad lives with his “loving partner” who is an absolutely narc (no she really is) because of her we’re now estranged. But anyway, he has no legal rights to the house despite paying thousands of pounds over the years in renovations. She has said she will do a will so he gets to stay in the house if she dies first and that none of her 4 kids could kick him out . So she won’t give him any kind of share of the property but she’ll happily let him spend all his inheritance on the place. And the chances she dies first are not likely as she’s about 15 years younger than him.

Why should she give your dad any legal rights to her property? He has the benefit of living there and also benefits from the renovations. I’m sorry you are estranged from him though.

Facescar77 · 09/07/2026 18:23

People need to protect their children more in blended families. My dad married a money grabbing (insert word) who brought no money to the relationship. They had mirror wills so all 5 children inherit the same share. Dad died first, she changed her will and we get nothing, only her two kids get to share my dad's money. The law needs to change!

Goingbonkers247 · 10/07/2026 17:52

Facescar77 · 09/07/2026 18:23

People need to protect their children more in blended families. My dad married a money grabbing (insert word) who brought no money to the relationship. They had mirror wills so all 5 children inherit the same share. Dad died first, she changed her will and we get nothing, only her two kids get to share my dad's money. The law needs to change!

My dad died when I was 14 and he had apparently changed his will a year earlier to remove myself and my siblings and our mother. we got nothing and his new wife and kids got everything. the will reader at the time said it wasn't fair but he was of sound mind when he made the decision and that was that.
I'm now in a relationship and we both own a portion of the house (not 50/50) and we both have 1 child from previous relationship and i had not thought of this. i am 17 years older than my OH. Think i need to consider getting a will.

LakieLady · 15/07/2026 11:19

Tontostitis · 01/07/2026 15:37

Not the inheritance is delayed until the right to reside has finished

My friend's father gave his second wife right to reside.

She lived another 30-odd years before friend and her siblings could sell the house and divide the proceeds.

FlatStanley50 · 15/07/2026 11:23

Facescar77 · 09/07/2026 18:23

People need to protect their children more in blended families. My dad married a money grabbing (insert word) who brought no money to the relationship. They had mirror wills so all 5 children inherit the same share. Dad died first, she changed her will and we get nothing, only her two kids get to share my dad's money. The law needs to change!

Exactly the same thing happened with my FIL. She was/ is a narcissistic [word]. She did this to her previous husbands children also. FIL was number 3. Awful awful awful woman. And stupid easily manipulated FIL.

Tontostitis · 15/07/2026 12:43

LakieLady · 15/07/2026 11:19

My friend's father gave his second wife right to reside.

She lived another 30-odd years before friend and her siblings could sell the house and divide the proceeds.

And? The father wanted her to be housed and she was born one is entitled to an inheritance

Collaborate · 15/07/2026 12:44

Beamsss · 01/07/2026 13:01

Why? If he has the right to reside he can have someone else living there with him? Especially if he owns half.

ETA I know this to be true because my friend is in this exact situation. Her mother owned the house jointly with new husband, she died leaving her share to her DC. He has moved his adult son in. She has taken legal advice and been told this is completely within his rights. The son will then own half when he inherits from his father, and whilst it may be legally possible to force a sale, again in the real world....

Edited

Your analysis of your friend's situation is incorrect. The surviving spouse retains a life intertest in 50%. On his death that life interest comes to an end and the property can be sold.

Seashorewaves · 15/07/2026 13:29

My DGM left her house to my DM but her second DH, my DM's stepfather, was allowed to stay there until he died 15 years later. My DM died first so she never got her inheritance.

Whodrankmytea · 15/07/2026 14:11

Watching thread as I'm not married and live with my partner and we both have our own adult children. We have bought our house but I have a larger amount of equity in it. My will allows him to remain for a few years (I can't remember how many) and keep it maintained. I would very much like my adult children to receive their in heritance fairly soon after my death to enable them to purchase their own properties. I know this might seem mean. Again would be interested in how it works in reality. Also one of my adult children currently lives in this house (and pays rent/housekeeping).

Supersimkin7 · 15/07/2026 14:47

First Family Penalty is the big one to avoid.

That’s when second time round couple hook up and all the assets from previous partners as well as theirs go to the set of kids living with them.

ByQuaintAzureWasp · 08/08/2026 14:12

HotGrapefruit · 01/07/2026 12:46

This is why my house is going straight to my DH and not my children (and the same for me). He's retired, but it's a very small house and if it was a 'right to reside' type situation, he'd have to remain single forever because there's no way that half of this house value could house him in future!

What would you think.if he re-married and leaves the house to his new wife abd her kuds end ip getting your house and your kids get nothing? Happens all the time.

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