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Original poster

Re-marriage when house is my sole name

121 replies

approachingretirement · 13/10/2025 12:43

My partner and I have been together 8yrs and have recently talked about getting married. He moved in with me and the house is solely in my name with it going 50/50 to my children upon my death. He knows that and that he will need to move out of I go first. I dont want that to change as he's younger than me and I would like my kids to get their inheritance sooner rather than later. Can I specify in my will for that still to happen even if we get married? TIA.

OP posts:
ShesTheAlbatross · 13/10/2025 12:45

You need to do a new will, as marriage voids previous ones.

ETA - and then yes, you can leave the house to your children.

ApricotCheesecake · 13/10/2025 12:47

You can specify it in your will, but the problem is that if you get divorced the will is irrelevant and the house will be a marital asset that he will be able to make a claim on. It's divorce not death that is the issue here.

MissScarletInTheBallroom · 13/10/2025 12:47

ApricotCheesecake · 13/10/2025 12:47

You can specify it in your will, but the problem is that if you get divorced the will is irrelevant and the house will be a marital asset that he will be able to make a claim on. It's divorce not death that is the issue here.

This.

Pebblepoppy · 13/10/2025 12:51

What's his financial situation?

If he can demonstrate he's financially dependent on you, he might be able to challenge a will that leaves him nothing. That could happen whether you marry or not, although his case would be stronger after your marriage.

Plus the divorce issue, as above.

reesewithoutaspoon · 13/10/2025 12:51

Do you need to get married? Are you planning on starting a new family?
I don't see the benefit to you. It wouldn't change inheritance tax laws as you want your house to go to your current children. It just potentially risks you losing half the house in the case of divorce.

MyDownstairsLooisHaunted · 13/10/2025 12:51

He can also make a claim if you die first if there isn't sufficient provision made for him as your spouse in your will. He wouldn't necessarily have to just hand the house over to your children and could tie probate up for a long time if he brings a claim.

If you don't get it right you could be disadvantaging your children.

You need really good legal advice not the Internet. Book an appointment with a solicitor and get some proper legal advice.

Nearly50omg · 13/10/2025 12:53

DONT get married if you own your own house and have children you want to leave it to! The second you get married your husband is entitled to half your house

TalulahJP · 13/10/2025 12:54

Dont get married if you want your kids to be sure to get their inheritance.

Cheekychop · 13/10/2025 13:05

Hi OP,

If you decide to get married then you need a pre nup - stating that he has no claim on your house in the event of a divorce. Get a solicitor to do this as they will ensure your partner seeks his own legal advice on it. Although a pre nup is not legally binding on a divorce court they can take it into account and will do especially if it's drawn up properly and he gets independent legal advice on it so that he knows he's not entitled to it and is not coerced into signing anything. Obviously depending on his stance re agreement to this - will probably tell you all you need to know about his intentions.

In relation to death - yes you will need a will - you will probably also need to write a letter stating why you are not leaving him any share of the house - the pre nup will also be good evidence of this. Make sure you get the pre nup and will drafted by a solicitor with experience of this .xx

1983Louise · 13/10/2025 13:07

I wouldn't do it, what happens if you divorce he'd be entitled to half your house. Obviously if he's a multi millionaire ignore what I've just said 😁

Tiswa · 13/10/2025 13:10

Do not get married. Any previous will is invalidate and the house if he lives there would become a marital asset

get proper legal and financial advice before going forward

Pinkfreedom · 13/10/2025 13:13

My husband lost out on his long promised inheritance due to his father marrying late in life, the new wife got the lot. The house originally belonged to husbands Granny so it really should have stayed in the family. The wife also went against FILs funeral wishes, really showed her true colours.

To have fought this legally would have caused a lot of stress to my husband at a time when his health was not great and many thousands in legal fees so he just walked away.

Just don't get married or find a good lawyer that can put the house in a legally solid trust for your children.

Zempy · 13/10/2025 13:17

Why would you get married? He could divorce you and take half your house!

KimHwn · 13/10/2025 13:17

I am in a similar situation OP and I have decided not to marry, even though I would like to be his wife and wear a ring and have that feeling that comes with being married! DP is lovely and I trust him implicitly, but people grow and relationships change and we never know what's coming.

KellsBells7 · 13/10/2025 13:35

You could transfer the house to your children now with you having the ability tomorrow live there until you die. However, this would also be complex with any future properties your children may buy & you are potentially giving away your greatest asset which could provide you with the means to pay for the care of your choice if needed when you’re older etc.

Get good legal advice whichever route you take but probably easier not to marry.

DonewhatIcando · 13/10/2025 13:37

@approachingretirementDon't get married especially if your user name is an indication of your stage of life, you could lose your home if you divorce.
Dsis had her own house, married her exh, he's just been awarded half the house, dsis faces homelessness, not good position to be in as she approaches 60.
Fuck sake, don't marry him

AlwaysGardening · 13/10/2025 13:46

My mum remarried and left her house to me and my sister, not my step father. Her will was challenged under the inheritance act 1975 and he won, ending up with more than a third. It took a year to settle and about £10K in legal fees.

stayathomegardener · 13/10/2025 13:56

KellsBells7 · 13/10/2025 13:35

You could transfer the house to your children now with you having the ability tomorrow live there until you die. However, this would also be complex with any future properties your children may buy & you are potentially giving away your greatest asset which could provide you with the means to pay for the care of your choice if needed when you’re older etc.

Get good legal advice whichever route you take but probably easier not to marry.

That would be a complicated gift with reservations or the OP would need to pay her children a market rent to continue living there.

Easier just not to get married.

inamo · 13/10/2025 14:05

Does he own any property himself?

ozarina · 13/10/2025 14:28

You can make a will " in anticipation of marriage" and then once married you will make a new one .

You can also make a pre nup which states that you own the property. You can give him a lifetime right to live in the property if you wish which would include all kinds of things eg if he remarried he has to move out, he cannot move someone else in etc. These are your choice.

ozarina · 13/10/2025 14:30

I have to say all these disaster stories I'm reading on here have to be the result of people not taking the correct legal steps to protect themselves. Get legal advice and get it set up.

fireandlightening · 13/10/2025 14:30

I have my own house, and a lovely DP. I would not marry, and if we move in together, I will have in my will a clause that he can stay in it for as long as he is alive but then it goes to my DC. He is playing an active and loving part in my DC's life (only 12 at the moment) and if this continues, I would hope even my DC would not want to make him homeless, if I die. But, yes, marriage would just complicate finances, and there is no need for that, given both of us have children from previous relationships.

ByQuaintAzureWasp · 13/10/2025 14:41

ApricotCheesecake · 13/10/2025 12:47

You can specify it in your will, but the problem is that if you get divorced the will is irrelevant and the house will be a marital asset that he will be able to make a claim on. It's divorce not death that is the issue here.

This

YourPeppyAmberTraybake · 13/10/2025 14:42

Do you definitely want to marry him?

toonananana · 13/10/2025 14:43

Don’t get married. Seriously