Where do I stand???

[jackieglyn]

My partner and I(we are not married) brought a house together a couple of years ago (joint names on the mortage). The query I have is my parter has two children from his 1st marriage they are young teenagers.

If something happened to my partner, ie.he died (I know its something horrible to say but you never know) would the house go to me or because he has children his half of the house would automatically go to them?

We havnt done a will, but i think we should because of this reason. Can anyone help.
Hope that makes sense.

Thanks

It depends what is on the deeds. I think this is correct
"Where it is owned as joint tenants, it automatically passes to the survivor and could not be left to someone else in the will.

Where it is owned as tenants in common, each joint owner owns a share of the property in their own right. This becomes part of their estate on death and given away according to the will."

Were you asked when you bought the property how you wanted to hold it? As NSF says, either joint tenants (where the property automatically passes to the survivor) or tenants in common (where you each hold a stated proportion of the property and can leave it to whomever in their will).

Were either of you asked if you had children when you purchased? Most solicitors do now in case children are effectively being disinherited if a property is bought and registered as joint tenants.

But even as tenants in common, you would still be entitled to live in it for the rest of your life as its your home too. His kids may well inherit his half of the house, but they wouldn't get their hands on it until you had passed on too. I hope that's correct - that's what I've always understood anyway.

No, it's not true unless in his will he has left the other party a life interest in his share of the property.

please please please get yourself a will...

the partner of one of my best friends died 2 years ago, at 42, totally unexpectedely (he had a heart attack) and they had no will......Fortunately she got to keep the house but not after some really awful legal battle with her DP's son who made a claim on his dads estate...he did get 50% of the estate in the end and all because they had no will. if she was a musnetter she would shout from the rooftops that you need to get a will.....they'd been together for 18 years btw.....

Completely agree that you should have a will anyway - married or not.

ok, thank you for all your advice - i think its a bit of a grey area.

The best advise for me then is to definately get a will sorted.

Thank you all.