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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I was living in my house which was in my name and had a

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I was living in my house which was in my name and had a mortgage of about £150,000. The value of the house was around £350,000. My partner moved in (we subsequently married) and we took out a joint mortgage of £200,00 against the house.
I am currently updating my will, I would like to leave the house to my husband and two sons (by previous marriage) in equal shares. Can I do this? Or does my husband have a claim to half the house anyway, because the mortgage is in joint names. In which case I would have to leave 50% of the house to my husband and 50% to my two sons in equal shares.
Submitted: 10 months ago.
Category: Law
Expert:  Aston Lawyer replied 10 months ago.

Hi, thanks for your enquiry. As you have a joint Mortgage, the Deeds to the property will also be in your joint names. There are 2 ways that a jointly owned property can be held- either as Joint Tenants, which means that the property passes automatically to the survivor when the first party dies OR as Tenants in Common, meaning that you both own a separate share in the property, which share can be left to whoever you nominate in your Will. So, firstly, you need to establish how you both hold the property, as you will need to make sure that you hold it as Tenants in Common (your Solicitor can arrange this pretty easily). In your scenario, it would then be usual for your Will to leave your 50% to your 2 Sons, with the proviso that if your Husband survives you, he will be entitled to remain living in the property as long as he requires it/dies/moves into a Nursing Home, and only once he vacates, will the property be sold and your 2 Sons receive the ir inheritance. This is very common and your Solicitor will be able to advise you fully on this. I hope this assists and sets out the legal position. If I have helped, please don't forget to rate my answer. Kind Regards Al

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