Re-marriage when house is my sole name

[approachingretirement]

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.

Don’t get married - I know a couple of friends who lost a parent, the surviving parent remarried then passed away and the new spouses inherited the houses.

Mine is that anything integral to the house value will not be my H's sole responsibility. Eg a new roof . Anything which is wear and tear as it were is H's responsibility eg a new fence. There is also a monetary value. My lawyer advised.

@Smithey588A trust is much better idea for the house.

I didn't think pre nups are legally recognised in the UK. Am I wrong?

There’s absolutely no benefit to you to getting married in this situation. Save your £s and decide to carry on as is. Kids come first.

How far did you read before you gave up?

Pre nups and wills can all be challenged.

Like all previous posters have said he can challenge the will and divorce gives him a strong claim to your home.

Your best option is to not marry or if he have the money to set up a trust to ring fence the house for your children.

All of it.

I'd never let anyone get in a position they could contest or inherit. I've seen many instances of inheritance being diverted because of legal challenges or repartnering. I'm not UK, and just living with someone here can give them the same rights as marriage. So if something happened to FH, I'd never live with anyone & have ensured DH knows to put some money in DC name if I pass. Because I know hed reoartner for company & comfort, as quickly as his father did.

In my FIL's case, he remarried shortly after MIL's death. He's willed her a 1/3 & given her a chunk to buy into her flat (which stays with her estate, just gives him a right to live in it if she passes). New wife has been made by solicitor include DH & SIL in her will, too, as they'll have a claim apparently. Although it's 1/9th so not really worth much, as she's got SDC & siblings. DH & SIL will get pennies from both. I loathed my MIL, but she sacrificed to leave a legacy to her DC, and it's gone.

@Wrenjay - pre nups are not legally binding on a court (just like separation agreements aren't) however a court in the UK can take them into consideration and can decide to follow them if they feel that the parties have entered into them willingly, knowing all of the facts and legal consequences and have not been coerced. But it does involve a risk and so always best to get legal advice.

You cannot get a pre nup without taking advice and having independent lawyers agree to it.

You will need to hire a solicitor, file for a Tenants in Common where you define who owns what, which you should have it planned out between you and your children upon your death. At that time, once you pass, the terms of your will demonstrate with the rules of intestate which should prevent them from having access to your property. Your children will still have to obtain a Grant of Probate or Letters of Administration to legally pass ownership, with forms like Assent or Transfer and submitted to the HM Land Registry. However, your spouse can still contest the will regardless, including if you were to not marry either. They could always say you "promised them the house" regardless. Any relationship will have its pitfalls, no matter what.

I just wouldn’t get married tbh. There are too many ways for the unintended to happen.

I agree with the previous advice not to marry to protect the inheritance for your children but can’t help feel a bit sorry for your DP in the future scenario in which he may be elderly with his own health concerns but you would be happy to see him evicted by your children immediately after your death.

What’s his own living situation, could you purchase somewhere together or live in his house? Theres got to be some scenario that can be worked out that protects each others assets but that you can also share a life together with nobody feeling shafted at the end.

I wouldn’t get married. Why do you need to?

For goodness sake don't get married. You'll lose a good chunk of your house if you get divorced. I can't see the point of getting married in situations like this.
Im always wary of men who move in with women and have no home of their own and then want to get married with good reason.
Speak to a solicitor first. Think with your head not your heart. Your children are more important than some bloke.
I thought my 20 year 2nd marriage was forever, he moved in with me. It wasnt then he came after the .only. if you'd told me that on the day we got married I'd have laughed.
It was a nightmare extricating myself from that situation.

This! Don’t do it!!

All your suggestions benefit the man and not anyone else.

No wonder he wants to get married. Do NOT do it.

Your house will become a marital asset and a Will becomes meaningless.

So many offspring (and I have known many) lose their rightful inheritance because of this.

Don’t do the same to your kids.

And if you naively think he’ll walk away with nothing when you’re married you are very deluded and mistaken.

Yes but presumably she loves the man. I agree not to get married but if I was him I wouldn’t enter into a situation where it was all on OPs terms either. She has a right to ask that but he has a right to say no. She hasn’t given us details of his financial set up and will arrangements though, it might not be an issue for him.

Just saying personally, the whole eviction immediately after death thing is not something I would do to a life partner.

Do not get married under any circumstances.

Honestly I would not get married. He can challenge the will after your marriage. You can get a prenuptial and write another will. Or you could transfer the deeds over to your children now, so it belongs to them.

Yes you can specify in your will, I suggest a clause that gives him x months to vacate ideally a year (probate takes a few months so they can’t sell until it’s done) and to give him time to find somewhere. He should probably acknowledge this somewhere so he can’t contest later

If you live in Scotland, regardless of what your will says or how long you’ve been married, your spouse is entitled to 1/3 of all cash assets. I’m speaking from bitter experience here.

I wouldn't get married, that's the only sure way you can protect your home for your children's future. You might be able to put something in your will but he might be able to challenge that I don't know particularly if you end up being married a long time.