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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11684
Experience:  30 years as a practising solicitor. Partner in own firm.
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We got married in scotland and my spouse is german, he works

Customer Question

Hi we got married in scotland and my spouse is german, he works part time in scotland and part time in germany. we have a joint mortgage in scotland. we both have adult children from previous relationships but none together. If my spouse dies (German descent). Would i have to sell the house and divide the assets to his biological children?
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
The title to the house is likely to be in joint names and to the survivor. That means that on the first death the house automatically passes to the other.
Even if the title to the house isn't drafted that way, under Scots law you can leave a house to anyone you want in a will. If you die without a will the widow inherits.
So the answer to your question is no, unless your husbands will says that his share of the house is to pass to his children, you don't have to worry about this.
I hope this helps. Please leave a positive response so that I am credited for my time.