House not in joint names

One thing I can tell you if he dies before me ........ Surely the house will come to me as next of kin The answer to that question is 'No, not necessarily'.

It all depends on on a variety of factors. Are both your names on the deeds? Are you registered as the owner of the house with your DH? If so is it as joint owners or tenants in common? What is the total value of your joint and individual estates?

Have you made wills? if you haven't the rules of intestacy can mean that everything does not come to you.

The best thing you can do is talk to a solicitor or CAB (Consumers Advice) and make a will. Whether the mortgage was in joint names is irrelevant.

Are the deeds in joint names?
The mortgage is irrelevant except it makes me think the deeds are still in his name.
Does he have a will, although wills can be changed.
If he dies intestate as said above rules of intestacy apply.

Thank you FF, for your prompt and helpful reply.

Sorry, should have been clearer. The deeds are in his name. Yes, we have a will but it needs updating now as we have DGC, so as long as it is specified in the will that the house reverts to me there are no issues?

I agree with M0nica.
It is fairly simple to contact the Land Registry, and change the entry to joint names, but you do need to decide whether you are tenants in common (both of you own all the house together and either inherits on the death of the other) or joint tenants (each of you owns half the house and you can do what you like with your own half)
There is more about this on gov.uk, and it makes sense to read it and think about it before going to a solicitor.
It also makes sense to make wills anyway, and if either of you have children from the first marriage, you need to think about inheritance issues.

Sorry M0nica, didn't see your reply - duh

Thanks so much, I will update the will. Just one more question if I could please, I keep seeing the terms joint owners and tenants in common, but I don't know the difference

Thanks Nannarose, you have answered my question as I typed it. Yes, we are a blended family so our ensuring that our will is up to date is crucial

Not that I know of, but wills can be changed and you would not necessarily know if your DH did do that. Much better to have the house in joint names. Preferably the joint ownership because that means that if your DH predeceases you the whole house automatically becomes yours.

However if you both have children and grandchildren from your first marriages it will be better to be tenants in common. That means you both own half the house and can pass the value of that on to your children.

If you predeceased your husband and it is held in joint ownership, he owns all the house and can leave it all to his family (or next wife) with your children cut out.

If you are tenants in common. The will usually gives the surviving spouse a lifetime interest in the half they do not own so that they can continue living in the hosue and it cannot be sold until they also die.

I can only reiterate that you really need to consult a solicitor with your DH and make sure that your ownership of your property and your wills are sorted and clear so that on both deaths money and property gets distributed as you both want it, relying on things just sorting out is the highway to disaster.

I struggle to understand why you would ask a question of this importance on a site like this. Go see a solicitor.

I would make an appointment to see a solicitor asap.

It isn't expensive to either have your name added to the Deeds, make a Will or have a Declaration of Trust drawn up stating that you have a financial interest in the house.

Both you and your husband can decide what happens to your own percentage be it 50/50 (or however you decide to split it between you) then you can each decide what happens in the event of deaths of either one of you or if you were both to meet with an accident at the same time.

I have just completed this process last week.

Just as Myym said above if your name is not on the mortgage or deeds you need to get a declaration of trust from your solicitor. It costs around £250 and stands up in court. Please do not rely on wills as they can be changed easily! A lot of mortgage providers will not allow you to go on the deeds if you are not on the mortgage so the declaration of trust means the owner gives a portion to you, this could be 50/50 or whatever your contributions to the mortgage or deposit were originally, it’s up to you but make sure you are covered Dottygran.

I was in the same position as you many years ago and to protect myself I became a tenant in common which meant he couldn't do anything with the house without my say so. Later we changed it to joint names and mad our wills leaving the house to each other.

Also useful if you are lending family members money for deposit’s or general loans that are to be repaid when the house is sold

Get some good legal advice about this. There is no point in others saying that this or that is the case. Each set of circumstances is different. For your own peace of mind get good professional advice about your situation. Everything else is just someone's opinion.

He can leave the house to whomever he wants or it just becomes part of his estate. My sister got caught by this and lost a lot of money. The house was only in her husband’s name. He left her a percentage of his estate . As she wanted to stay in the house her lawyer negotiated that it would be part of her share. Had the house been in joint names she would have got her percentage PLUS the house.

I agree with Monica in that instance. However not all circumstances are the same and a solicitor should be consulted before final decisions are made.
Tenants in Common. Gives choice when it comes to who each party wishes to inherit.
Joint Tenants.No choice as it goes to the remaining tenant.

You need the deeds to be 50-50 and you then own half. Tenants in common is the term used for shared ownership. What a previous mortgage was for is irrelevant. As said previously if trying to be fair to all parties you can each decide to leave your share to your children giving your OH lifetime interest. Where as joint ownership automatically goes to the OH but it still needs to be registered on the deeds. Wills can be changed and contested so please don't rely solely on a will.

From the nursing home point of view is it better for the house to be in joint names or tenants in common?

Just one thing to say - repeating what other GNs have said here. SEE A SOLICITOR.

Are there any wills at the moment and if so, what do they say? This could become a huge mess if there are DCs for both the OP and her second DH.

My friend's MIL was in a similar situation when she mother remarried, sold her house and moved in with her new DH who had 2 children.

The MIL made a contribution to refurbishing the 2nd DH's house but must have had money left over. The DCs from the DH's first marriage wanted to know how much. They saw the second wife as being on the make.

Both the OP and her DH should decide between themselves what would be the fairest way to leave their assets without depriving their own DcCs and GCs and then sit down and tell the beneficiaries what they plan for their wills.

Some people (not saying the OP is one of them) think the provisions of a will should be kept secret but IMHO everything should be out in the open to avoid unnecessary suspicions and bitter arguments in the future.

I need solicitors advice too, but anyone had experience of this problem? My husband looks likely to go into a care home, our house is joint owners and I think I should get it changed to tenants in common to protect my half should I did first, so I can leave it to our children rather than social services taking it all. But what if I needed to move\downsize would I be able to do you think?

Don't rely on a will and don't rely on good will both can change.
If a wife gets cut out of a will she can challenge the will and get a judgment, a husband cannot leave his wife with nothing, so that is the fallback.
A friend of mine has a similar problem, his second marriage, 3 children by the first. They have been together 30 yrs, married for 18, he has dementure and is disposing of all his assets and giving the cash away, his son has power of attorney so she can do nothing.
His avowed intention is to leave her with nothing " I picked her up in a bar I've given her a good life now she can go back to the bar".
So she is having to divorce him to get a share of the house.

An extreme example but it does happen.

Work out what you want jointly - including provision for any previous children, children of the marriage, what happens when one of you predeceases etc.

Then go to a GOOD solicitor.

Your name does need to be on the deeds. Also organise powers of attorney - and if with children, make it two if not three.

And talk to the solicitor about the pluses and minuses of tenants in common etc. Keep asking them to make it plain so you absolutely understand what would best fit your circumstances and ask them to email/write to you about their recommendations.

It's always a good way to start, Shortlegs.

Dear Diana, I think your friend should contact the Office of the Public Guardian and raise her concerns. They may be able to look into it.