Paying off DH mortgage when kids and stepkids involved

[Cassavaflower]

Hello
I have the cash to pay off my husband's mortgage. We are recrntly married and he has two young kids from previous marriage, I have a grown up but heavily dependent son. Should I keep my inheritance from my late parents and buy a separate property for my son or pay off the mortgage. I'm concerned that if I died suddenly my son would be left with nothing. If I pay off the mortgage it means I've paid for 90per cent of the house and so that money would be lost in a sense but it would free up my DH salary esp as interest rates rising.
It's confusing so sorry if it makes no sense. Has anyone else been in this position.
Thanks

Personally I'd keep it separate.

Buy another property and let it out. Then if/when your son needs help getting on the property ladder you have options.

Don't get put on the mortgage whatever you do. If there's a way to be added to the deeds and entitled to a share in any proceeds from sale that's fine but having yourself added to a 90% mortgage would be a terrible idea.

So you aren't actually married and you will have no rights to a house in his name.

You need to be on the deeds before you consider spending a penny towards it.

Remember in the UK common law wife doesn't exist!

Please keep the inheritance separate.

My Aunt made this mistake leaving it to her husband to be fair to her two DCs if she died. When she died unexpectedly her widowed DH changed his will leaving it all to his DS and her DCs got nothing. Particularly galling as when they married he was unemployed and they lived in the large mortgage free house that she owned.

In other words, you are not married in an actual legal sense.

In which case, even less reason to give away your money and dis-inherit your son. Why are you even asking this question? Just keep it in your own bank account and don't give it to anyone else. Problem solved.

Can you buy your son a house in his name?

Legally married is the only kind of married that gives you any rights to the house your husband lives in.

How long have you been together? Is your husband much older than you?

Do what you can to protect your son 100%

The original post should have been clearer for clear advice.
As a Muslim - one must follow the rules of inheritance so Google Muslim inheritance calculator and see how much percentage would go to your husband and how much do your son if you passed away.

In terms of UK law, your husband wouldn't be entitled to anything as you aren't legally married in the UK (you can just go to the registry office and show your nikah certificate to make it recognised in the UK).

I wouldn't put any money into your husband's house right now. Think it through first. If you are not on the deeds, you are entitled to 0% if you split up. Insha Allah it won't come to this. But if you are putting money into the property, get your name on the deeds or whenever you need to do. Work out the percentage eg he owns this percent and you own this much because of how much you've put in for the extension.
If you are paying for the mortgage regularly then add that to the percentage too.
Islam recognises individuals having their own things so eg just because you get married it doesn't mean you get 50% of the house but according uk law it goes.
Both of you need to be just and fair and work out what to do.

Seeing family go through something recently, I would say either buy a property in your son's name or put it in a trust but tell him that he is the owner of it as Islam requires this otherwise it goes into your estate and must be split between husband, son etc.

Many Muslims don't really follow Islam properly but when it comes to inheritance they suddenly want to follow Islam when it comes to this ruling as it means they get a lot of money.

You really should consult a scholar who knows about this.

If you want to protect your son, maybe buy a house in your name and his name but tell him he's the owner of it 100%.

I get the impression that OP is much younger than her notlegallymarried husband?

OP, you need proper legal advice. You can protect inheritances by using trusts- my DP have done the same so half of mine and DB's inheritance is protected if a parent dies.

Buy a separate property for your son's inheritance. Put it entirely in your name. I'm speaking from experience.

Don't do it!

Talk to a solicitor, and ensure that your son has a cast iron inheritance.

I don't think it's as simple as going to the register Office and showing the nikkah. If you were married outside of the UK according to the rules of another country then it is a valid marriage but in the UK marriages have to be registered by a person who is duly authorised to do so. In some cases the minister gets authorised otherwise the registrar conducts a civil ceremony with the bride and groom and witnesses present. Please take some urgent legal advice as you are in a vulnerable position if you are not legally married but are putting money into paying off a mortgage or paying for an extension. You have few rights in your situation.

You are leaving yourself wide open here OP.

Seek legal advice.

"I work part time and don't earn much but prior to losing my parents I earned well and owned my own house which I paid off myself."

So what happened to your well-paid job and the house you owned?

You should not put any money into his house, whether it's paying for the extension or paying towards the mortgage, without legal advice. You will need to get your name on the deeds and a legal document outlining your contribution in case of a split.

I'm not convinced that it would be in the best interests of you or your son to have a legal marriage (that is, recognised as such in the UK, assuming that's where you live).

Do you have a will? Once you've resolved the above questions you really should write one (or a new one).

Why? OP's son is significantly older than her husband's children.

It sounds like going on deeds before extension work starts is a priority. Thanks
And horror story about the Aunt who lost her kids" inheritance. You never want to think of your partner like that but money changes people.

That isn't really what most of us said ... but okay ....

So if you do go on the deeds there are 2 ways to own a house. One way, (joint tenants) when you die it all goes to the other person regardless of your will. The other way (tenants in common), you choose in your will.

Just to reiterate :you need to take legal advice as this is a very complicated issue. You need to tell the solicitor where the nikkah took place and check what is the best course of action to protect your son's interest and also yours.

Don't do it! A nikah means nothing in the legal sense and my first bit of advice would be to get married legally before you even contemplate paying anything towards the house.

I'm older than my husband.
My well paid job is no more and I sold my house. I'm earning a much smaller amount now. Def not doing any childcare of DH kids.
I will make an appt to see a solicitor but it's useful to get opinions. I never considered any of this before as I thought we would have a legal marriage which would give me protection. However losing my Dad was a sudden shock, totally unexpected and it knocked me sideways as I hadn't really got over the loss of my Mum a couple of years ago. I suppose I've been too grief stricken to think about practical things.

Sorry for your losses OP

If you want to protect your inheritance do not get married

Yy to seeing a solicitor

Thank you @AnotherEmma

Think you’re being very sensible thinking of your son- it sounds like he has no one but you and so I think keeping something for him, separately, is very important. I don’t really see any advantage in paying off your husbands mortgage… if you’re paying off anything it should be yours aswell. If you aren’t legally married then definitely absolutely do not pay off his mortgage!!! You’d be bonkers to do that. X

Yes no need to get married according to UK law but always consider the Islamic side which is your husband is still entitled to a share so eg if you leave one husband and one son only then your husband gets one part share and your son gets a three part share.
However people change when it comes to money so I'd make sure it's covered from all sides.
People even ignore wills so best to just register everything according to how you want it.
Eg buy a house with your husband's Islamic share in there
Or
If you want your money to go to your son then register the house in son's name but Islamically your son does need to be the owner and be free to do what he wants really. Sit your son down and make an agreement with him.