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Can somebody advise me on who would get my house if I died(not married,no will)

15 replies

MilaMae · 29/01/2009 13:41

Dp and I have been together 20 years,3 dc.

We bought the house together,both signed the mortgage and named the other on ins docs etc.

I'd always assumed dp would get my half if I died.

Somebody on another thread said my parents would get it-confused.

OP posts:
Tillyscoutsmum · 29/01/2009 13:43

I think if its in both your names, it would go to your DP ??

Am not a legal expert though .....

WEESLEEKITLauriefairycake · 29/01/2009 13:43

do you have life insurance that would go to your dp to pay off the mortgage?

MilaMae · 29/01/2009 13:45

Yes

OP posts:
littlefrog · 29/01/2009 13:46

I think it goes into trust for your children - not to your dp. Not even vaguely knowledgeable about this though...

MilaMae · 29/01/2009 13:48

Yikes,he'd be stuffed if he didn't get the house!!!! So would I if I didn't

OP posts:
AMumInScotland · 29/01/2009 13:51

I think the message is "Write a will"! If you're not married it definitely makes sense to have it all legal and on paper, as all sorts of things you might assume because it's "just like being married" just aren't the same at all.

Sidge · 29/01/2009 13:55

It depends on how you bought the house I think. DH and I bought our first house before we married and I think we had to have joint tenancy rather than tenants in common. If you have joint tenancy it will pass to the other, if you are TIC it will pass to your NOK ie your parents.

NotQuiteCockney · 29/01/2009 13:59

Yeah, Sidge is right - joint tenants, means it passes to your DP (but he might need to pay tax on it?), tenants in common, it goes to your NOK.

mumoverseas · 29/01/2009 14:39

as Sidge and NQC said it depends how the house was purchased. If joint tenants it will automatically pass to your DP but if tenants in common it will be dealt with under the rules of intestacy (ie your DC)
You need to check with the solicitor who dealt with the purchase of the house as to on what basis it was purchased. Also, make a will, if only to avoid inheritance tax

Tinker · 29/01/2009 22:55

Yes, we've bought as tenants in common and my partner is "allowed" to carry on living here until he either can't look after himself or marries someone. Otherwise, it would go to my children, I think (presumably some kind of trust) who could, technically, turf him out (I think again) Have made a will and done this properly am just sketchy on the details now. I've no parents. I thought there was no legal definition of next of kin. What happens if no parents left? I do have siblings but what if someone didn't?

mumoverseas · 30/01/2009 04:34

I'm not an expert on the rules of intestacy but seem to recall that if no spouse or issue (ie children) there is then a set order with regards to who can inherit. Think it is then parents, siblings, half siblings then goes down the aunt/uncle/cousins route? Thats why it really is sensible to make a will

Tootlesmummy · 30/01/2009 08:16

Sidge and co are right, you'll need to check the terms under which it was bought and if needed get a will or a trust document drawn up to protect each other in the event of death.

bloss · 30/01/2009 08:38

Message withdrawn

PortAndLemon · 30/01/2009 08:46

If you are joint tenants you'd automatically own the whole thing if the other one died (because as joint tenants you each own the whole of the property).

If you are tenants in common then (in the absence of a will) the intestacy rules would apply. In your case, as you are unmarried but have children, this would mean that the deceased partner's 50% share would go to the children (if that person had children from another relationship they'd also be included). And it would be held in trust for the children, which might then affect what you could do with the house until they were 18.

If you were married the rules are more complicated -- essentially you'd get personal effects plus the first £125,000 of the estate, plus a life interest in £50,000 of the remainder.

Really, a will seems like a very good option .

PortAndLemon · 30/01/2009 08:50

Not £50,000 -- 50%. Typing while watching Cbeebies never a good plan.

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