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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
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 self and partner have been together 21 years we

Customer Question

My self and partner have been together for over 21 years we have a mortgaga on our home if my partner was to pass away ( unthinkable) before me would our home stay with me ( the mortgage his in my partners name only) thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HIThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstDoes your partner have any children?Is there a former spouse?Has he made a Will?
Customer: replied 1 year ago.
He has 2 children and has not been married he has never had a will.
Customer: replied 1 year ago.
Yhanks
Customer: replied 1 year ago.
???
Customer: replied 1 year ago.
??
Expert:  Clare replied 1 year ago.
You are right to be concerned.If something happens to your partner then his Estate - including the house - will go to his children.You will be able to make a claim against the Estate to claim a share of the property - but it will mean a fight after his death AND as a side issue - his children will be the ones to arrange his funeral - not you.The house issue could be solved by it being transferred into your joint names - the funeral issue can only be solved with a WillI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Can the house issues be resolved by him writing in his will that i am soul benefactor.
Expert:  Clare replied 1 year ago.
Sorry I should have clear - the house issue can be solved by him making a Will and Leaving it to you OR by him transferring it into joint names now
Customer: replied 1 year ago.
Last question, has long as he makes all his intentions known and puts all this into a will then this is legal and final and i can be reassured.
Expert:  Clare replied 1 year ago.
Provided it is a valid Will then all will be well
Customer: replied 1 year ago.
Thank you
Expert:  Clare replied 1 year ago.
You are welcome - I hope you are able to discuss matters with himThis article may start the conversationhttp://www.theguardian.com/money/2014/sep/20/wills-inheritance-changes-intestacy-rules
Expert:  Clare replied 1 year ago.
.
Customer: replied 1 year ago.
You may be right so many Couples out there who are not married yet believe they are entitled to 50%.
Expert:  Clare replied 1 year ago.
Yes it has been a considerable concern for many years - do please make sure you are safe - there is enough to cope with after a death without this as well

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