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Legal, pensions and money

House not in joint names

(38 Posts)
Dottygran59 Fri 17-Aug-18 14:06:58

Hi all

Ours is a second marriage and we live in DH and his ex OH marital home. He remortgaged to buy her share, and whilst I made a significant financial contribution after selling my house for some reason we didn't get a joint mortgage. This was all decades ago and we jointly paid off the mortgage in the noughties. Question is, if he dies before me will this complicate matters? Surely the house will come to me as his next of kin?

4allweknow Sun 19-Aug-18 21:43:46

If DH will states you are to inherit house there should be no problem. Property is heritable ie a person can Will it to anyone they want to. If no Will property and assets are generally inherited by spouse. As you also contributed financially to the property and hopefully prove this there would be an allowance against value of property if there would be no Will. Doesn't seem as if you have a problem, just make sure of the terms of DH Will.

bikergran Sun 19-Aug-18 22:17:19

On our deeds it stated "Joint Tenants" (not tenants in common)

When dh died his half automatically passed to me.

I sent death certificate and a certain form(sorry forgot what it was) and the Land Registry added an extra certificate to say that I was now the sole owner of the house and that dh name had been removed (not physically removed off the deed), but extra piece of paper stating it.

Melanieeastanglia Sun 19-Aug-18 22:41:53

I think you should see a Solicitor as soon as possible.

Shizam Sun 19-Aug-18 22:49:42

Yep. Totally agree about wills not to be relied upon. A comma in the wrong place can make them thrown up in the air.

Bend1x Mon 20-Aug-18 01:57:43

I am a JP and if your home is NOT in joint names then rectify that immediately. The home will not automatically come to you. I have been witness to several wives/partners whose husbands/partners have passed away and the wives/partners are left out. Ours is a blended marriage and our home is in joint names with our 4 combined adult children as beneficiaries

kittylester Mon 20-Aug-18 06:36:19

It isn't just about who inherits - care costs can be an issue too.

As things stand for th op the whole of the value of the house could be used to pay for care of her husband and there would be nothing left for anyone to inherit.

Holding the house as tenants in common is a good idea.

Ageuk have lots of good leaflets to download as a starting point.

EmilyHarburn Mon 20-Aug-18 13:53:53

See
www.gov.uk/joint-property-ownership

EmilyHarburn Mon 20-Aug-18 14:04:47

This article explains how Tenancey in common may be the answer to not losing the house to care home fees.

www.theguardian.com/money/2014/aug/28/tenancy-common-care-home-fee-solution

bikergran Mon 20-Aug-18 17:10:28

What if you dont have a husband or wife or one of them has died...therfore the deeds are soley in the name of whoever is still alive.

How does it work with care home fees then? would "all" of the value of the house be taken into account?

Something we need to look into I think hmm

'

kittylester Mon 20-Aug-18 17:44:50

Yes, all of it! But you also have to be careful how you rearrange things as you can be seen to be depriving yourself of assets.

And, it's not just care home fees but care at home too!

bikergran Mon 20-Aug-18 17:47:07

thanks kitty

Gemmag Mon 20-Aug-18 18:13:09

You need to get in touch with a good firm of solicitors.