Marrying again and unsure who inherits my house

If anyone is dependent on you at the time of your death, I think (but do check) they could make a claim on the will if they were to be left homeless etc.

You could put your property into a trust, it is then protected and no-one can get to it then except for whoever your will states. You could leave it to your children but state that your husband lives there for the rest of his life (if he is left on his own of course!). You need legal and trust advice.

And it was a suggestion not an order. Let the OP decide if she wants to expand or not. Why shut down discussion on her behalf?

Because she is asking about advice re her assets. And if she did want to share what things she does plan to share, that would help taylor her advice better to list all the options

And yes she should get formal legal advice also I dont think there is a single poster on here who will disagree with that. We can still brain storm.

Why should OP share the reasons she does want to get married? She does. End of. Her query is regarding what will happen to her assets post marriage.

See a solicitor hopefull and get good solid legal advice before you marry.

That was @ suziewoozie

A cohabitee that just lived in the deceased house can challenge the will, but they wont be sucessful without any evidence of contribution etc

You need solid legal advice from a solicitor, not Gransnet.

Not just by cohabiting. Only if they have made significan tracable financial contributions or are on paperwork.

There is no such thing legally as common law spouses in this part of the world (there is elsewhere)

YES - you can, get to a solicitor, it is what I have done to secure my daughters inheritance

Co-habitees can challenge a will,

If the OP can share the reasons she does want to get married, since it isnt one of the main reasons to marry, we might be able to suggest alternative ways to achieve what they are looking for in their union

E.g. POA if you want them to be the person talking to Drs if youre ill, a non legal humanist ceremony if you want to do something like that etc.

Marriage and property is a minefield, even if you make a cast iron will it can be challenged and causing a great deal of trouble and expense for everyone. The same applies to so called Pre Nuptial deals.
It’s so much easier not to get married then you can leave assets to whoever you want with no encumberance.

A friend of mine remarried, after about a year her husband ceased work and contributes nothing useful, holding onto what little she has is becoming a problem.

See case of Nigel Havers (actor) who overturned wife's will.

Because the OP isn’t wondering about getting married.

She’s had wise advice and doesn't need to be told not to get married.

But not marrying is a good financial option if you do want to keep assets separate in a cohabiting relationship, so why not have it on the table for discussion?

This is the main reason I have no intention of remarrying. What my partner has will go to his daughter and grandsons, what I have will go to my children and grandchildren.

Not true * notnan* depending on the type of ownership of the house ( joint or in common) marriage does not automatically determine what happens after death. The OP is getting married and sensibly asked for advice on leaving her house to her children. She’s had wise advice and doesn't need to be told not to get married.

Perhaps take professional advice.

Somebody has already mentioned making a Will "in anticipation" and this may be what you could arrange.

In your position, I'd definitely get legal advice.

I think that a big BENEFIT of marraige is that things like the house go to each other quite easily.

If you dont want that, why marry? Cohabit if you want to keep your assets separate. You can appoint each other POA etc

Your mum was right on that one for sure Urmstongran

Get it sorted to your wishes.

My mum used to say ‘where theres a Will .... there’s a relative’!.

My dad died when I was a teenager and 6 years later re-married. My mum made a new will after her marriage as any previous will did not count after re marrying. Mum sat me and him down and explained that if she died first he could remain in the house until he died or re married. Then the house would go to me after his death so the house was in trust. He had no property when he married mum and lost his job 3 years later. Mum insisted on paying all bills and maintenance. She died and then I went through the most stressful time as his children thought he should have inherited was effectively something my father had worked for all his life. They banned me from seeing my stepfather along with my children and all because of greed. My mums solicitor was brilliant at what was a very low point in my life. My advice is to see a solicitor to make a will straight away after your marriage, making clear who are to be the beneficiaries should you die first. It is vitally important to leave in trust to children as also it would not be taken into account should you die first and your husband needed to go into care as he would not own the property. Seek legal advice.

My childless uncle and his deceased wife's sister-in-law (also my aunt) co-habited for several years. Whe he died, she had the right to live in the house until she also died (or decided to move to sheltered housing). Then, according to his will, the house went to his half-sister's family.

So yes, stipulate something of the sort in your will.

I would also advise that once you’ve made the will, you let your children know what’s in it so that everything is clear to everyone.

You also need advice as to what would happen if the marriage were to break up. I know this isn't the intention, but what if he left you and claimed a chunk of your assets? A solicitor could help you work out the likely options, and ways to secure your assets for yourself and your children.