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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 846
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am buying a house and although my wife's name is not on

Resolved Question:

Hello,
I am buying a house and although my wife's name is ***** ***** the deeds I would like to ensure that should something happen to me she would be the rightful owner of the property. I have a daughter with an ex partner who is 14 years old and have separate arrangements for her I would like to prevent any possibility my ex partner could stake a claim of any kind on this property. Could you advise the best way to go about this, a Will is the what springs to mind but I have been informed this is potentially not enough to make it 100% safe. Also I would like to draw up a document that is legally binding with terms along the lines of she has a right to half the property. Could you advise the best and safest way to go about this. Our intention is to buy a second property in my wife name in due course and avoid 2nd home tax when sold. But would like to setup arrangements to make sure our home together is safe as well. Any advice you can offer is welcome, thank you. Dylan Jones
Submitted: 11 months ago.
Category: Law
Expert:  ukfamilysolicitor replied 11 months ago.

Hello Dylan

Welcome to Just Answer

I am a Solicitor and will assist you today.

Expert:  ukfamilysolicitor replied 11 months ago.

You are correct in your logic that a will is a good idea

Expert:  ukfamilysolicitor replied 11 months ago.

If you were to pass away without a will - you would be considered as having passed intestate.

Expert:  ukfamilysolicitor replied 11 months ago.

This would mean that

your wife keeps all the assets (including property), up to £250,000, and all the personal possessions, whatever their value.

The remainder of the estate will be shared as follows:

  • wife gets an absolute interest in half of the remainder
  • the other half is then divided equally between the surviving children
Expert:  ukfamilysolicitor replied 11 months ago.

so there would be provision for your wife in any event.

Expert:  ukfamilysolicitor replied 11 months ago.

But if you want to clarify your wishes - a will is the best option.

Expert:  ukfamilysolicitor replied 11 months ago.

be aware that if you made a will and:

-no provision was made for your wife - then she can make a claim under the inheritance act for provision.

- no provision for your daughter and she was still a minor and /or dependant on you as an adult - then she could make a claim under the inheritcance act for provision.

so a will isnt fool proof but it is the best way to record your position and this will be upheld but for the above.

Kind regards

Caroline

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Customer: replied 11 months ago.
Thank you for your response. So what your saying is that if I make a will and specify my wife gets the house this is absolute? Even If I didn't make the provision for my wife then she would be entitled to £250,000 and half thereafter split with my Daughter. Got it. What about if we split and divorce? If that was to happen what steps can I take to ensure she would be entitled to half of the house despite my name being the only one on the deeds / mortgage? - Thanks!
Expert:  ukfamilysolicitor replied 11 months ago.

Hello

Just to clarify - of you did nothing - ie made no will - then that it hen the rules of intestacy apply and your wife gets the first £250k and half of the rest - the other half of the rest going to your daughter.

If you did make a will but you didn't provide for either your wife (if you are still married) or your daughter (if she is still a minor and/ or dependant on you) then they could both try and contest the will - so you need to think about this when making your will - to provide for them both.

If you were divorce - then even if your house is in your sole name - your wife could make a claim in respect of the matrimonial finances. This would include your house. As a general rule division is 50/50 for a marriage over 5 years. If you divorce you should make a new will.

let me know if I can clarify anything for you.

kind regards

Caroline

Expert:  ukfamilysolicitor replied 11 months ago.

typo -*if

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