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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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, my husband and I got married in 2010. We don't have

Resolved Question:

Hi, my husband and I got married in 2010. We don't have children but he had another marriage before and has two children who are now adults. The house and the mortgage are in my husband's name. He had paid about 100k of the mortgage before us getting married and we have another 150k to pay off. I just would like to know what would happen to our house if my husband died before me. How much of the house can my husband give his children?

By the way, the house's worthy about 400k at the moment.

Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you live together prior to the marriage if so for how long?
What income do you each have?
what other assets are there?
Clare
Customer: replied 2 years ago.

Hi Clare,

Thank you for your reply. We didn't live together for a long period before we got married. We don't really have other assets. My husband works for the university so his income is quite good, however as we still have a big mortgage to pay off, the money is only enough for living expenses. My employment is not steady and my income is only around 17k per year.

Expert:  Clare replied 2 years ago.
Hi
Has your husband made a Will?
Clare
Customer: replied 2 years ago.

Sorry for late reply. I don't know about it. I didn't ask him.

Expert:  Clare replied 2 years ago.
Hi
In the event that you husband dies without making a Will you are entitled to the first £250,000 of his cash estate and all his personal possessions.
The balance of any funds is split in two with half going directly to the children and the other half would be invested and the interest paid to you during your lifetime and then the capital reverting to the children when you die.
If he has left a Will that does not make proper provision for you and your housing needs then you can apply to the courts for proper financial provision
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare,

Thanks for your reply. Can you please tell me how is the figure 250k worked out? By the way, what would happen to his pension that the university has been paying for him? Do I need to wait until I reach retirement age to be eligible?

Expert:  Clare replied 2 years ago.
Hi
The Intestacy rules are set by Statute
You would be eligible for a Widow's pension under his pension scheme which would be payable immediately
Clare
Customer: replied 2 years ago.

Thank you very much. Can you please tell me how is the figure 250k worked out?

Expert:  Clare replied 2 years ago.
Hi
It is set out in the Intestacy Rules.
The first £250,000 of his assets - in whatever form - go to the spouse where there are children involved
Clare
Customer: replied 2 years ago.

Sorry, Clare, can you pls also tell me if the 250k includes the pension? Thank you very much!

Expert:  Clare replied 2 years ago.
Hi
No that is a totally separate matter
Clare
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