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Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hi. My husband and I bought new house. We have some money in

Customer Question

Hi. My husband and I bought new house. We have some money in bank for rest we need mortgage. We have to sign mortgage for both names. Mortgage is for 18 years. He wants also have the will, because he had children from his past , where he wants put 1/3 me as wife and rest for his 2 children, despite I will be join mortgage 18 years. Can he do it, is it right by low in the UK? Do I have demand as wife by low more? Thanks.

Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare and I will do my best to help you but I need some further information first.
How long have you lived together, how much is the house worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

We are together 7 years, married only 2 years, house worth 650 000 pounds, mortgage 200 000 for 18 years. Regards.

Expert:  Clare replied 3 years ago.
When you purchased the house did you discuss what share you would each have with the solicitor?
Customer: replied 3 years ago.

HI. No we haven't been in solicitor discuss this matter. He wants put my share only in his will.

Expert:  Clare replied 3 years ago.
If you are joint owners of the house at the moment and there has been no discussion about shares then at present when one of you dies the house passes to the other automatically outside of the will
If your husband wishes to change this then he needs either your agreement or a court order.
This is something that has to be discussed not imposed.
With regard to the rest of his estate then he cam leave that as he wishes and you can challenge the Will if you believe it to be unfair
Please ask if you need further details
Customer: replied 3 years ago.

Thanks. Am I owner automatically by law because we bought house during marriage and we will sign and join mortgage together as marriage couple? If not how I can join ownership of house?

Expert:  Clare replied 3 years ago.
I am sorry but please clarify whether or not you are a joint owner of the property.