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Legal, pensions and money

Marrying again and unsure who inherits my house

(87 Posts)
hopeful1 Fri 24-Jan-20 12:21:10

I am planning to marry again however I own my own house outright and he doesnt have property at all. If I died could I make my will for my children to inherit my house. I know this sounds harsh but my late husband paid for the house so I would like his children to inherit. What can I do?

tanith Fri 24-Jan-20 12:34:10

Yes, see a solicitor don’t do nothing. Take into account that your husband could be made homeless unless you stipulate otherwise.

Niobe Fri 24-Jan-20 12:43:39

Make a will as soon as you marry. Any previous wills are invalidated as soon as you remarry. In any case you need to see a solicitor asap.

Squiffy Fri 24-Jan-20 12:48:23

hopefull You can make a Will before you marry -"in anticipation" I think it's called. Check with a solicitor! I did my Will ahead of marriage, which gives my H the right to live in the house for life. If he moves out the house will be sold and the funds divided between him and my other beneficiaries. All done through a solicitor. HTH tbsmile

Missfoodlove Fri 24-Jan-20 12:49:28

You can stipulate that your husband may live in your home until his death. The property would then go to your children.

Dee1012 Fri 24-Jan-20 13:01:09

I agree with a previous comment, marriage invalidates previous wills, so make one as soon as you can after your married.
You can leave the house to your children with a "life interest" (I think!) to your new husband...he can live there until his death.

Daisymae Fri 24-Jan-20 15:24:37

Get legal advice. It's the only way to make sure that your wishes are implemented.

Floradora9 Fri 24-Jan-20 16:04:21

In Scotland marriage does NOT invalidate a will .

Yehbutnobut Fri 24-Jan-20 16:18:40

Make a will before you marry.

I can’t even believe you need to ask!

Yehbutnobut Fri 24-Jan-20 16:21:34

As Squiffy said ...

Squiffy Fri 24-Jan-20 16:59:37

Thanks Yehbut! ?

Sussexborn Fri 24-Jan-20 17:14:53

Perhaps ask what happens if your OH remarried. Would his new wife be allowed to continue living in the house if he predeceased her?

My OH did will writing for a short period. He was shocked that some people said one thing in front of their spouse/partner then totally changed things behind their back. One man left everything to the Lifeboat charity and another left half to his lover. Awful to be bereaved then find out what your OH was cheating.

grannyticktock Fri 24-Jan-20 18:04:16

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.

suziewoozie Fri 24-Jan-20 18:16:59

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.

Septimia Fri 24-Jan-20 18:29:02

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.

JonesKpj000 Fri 24-Jan-20 20:17:51

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.

Urmstongran Fri 24-Jan-20 20:47:20

Get it sorted to your wishes.

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

JonesKpj000 Fri 24-Jan-20 21:00:38

Your mum was right on that one for sure Urmstongran

notanan2 Fri 24-Jan-20 22:30:55

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

Tangerine Fri 24-Jan-20 22:31:55

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.

suziewoozie Fri 24-Jan-20 23:10:16

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.

Esspee Fri 24-Jan-20 23:54:31

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.

notanan2 Fri 24-Jan-20 23:58:38

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?

suziewoozie Sat 25-Jan-20 00:08:19

Because the OP isn’t wondering about getting married.

bingo12 Sat 25-Jan-20 06:34:19

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