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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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I have been married of years. My partner

Customer Question

I have been married for couple of years. My partner is divorced and has 3 children from previous marriage, all legal age. He has one more child, from previous cohabitation, of legal age, but the child is under her mother’s maiden name.
At this moment in time we are buying our own property under joint tenancy clause, and we are both making payments towards the mortgage repayments.
My husband has a previous property in London bought before we got married, for which he is responsible to re-pay the mortgage. In that house his ex-partner and her daughter are living at the moment. My husband is still paying all the bills of the property.
As we used the property he owns, in terms he re-mortgaged the property, to buy our new house, we have decided that together will make re-payments towards both of mortgages.
I need to know what I need to have in place to protect myself against any demands from his children in the future when it comes to their inheritance. What inheritance rights do they have?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is the value of the assets and has your husband made a Will?
Customer: replied 2 years ago.

Our recent house is valued at 285k and his own house is valued at 500k! No wills have been made as yet! Please advise! Thank you

Expert:  Clare replied 2 years ago.
Do you know if you own the house as Beneficial Joint tenants or as Tenants in Common?
Customer: replied 2 years ago.

Our house is under beneficial joint tenant and the other house my husband is the single owner.As stated I want to know what inheritance rights his children from previous marriage and relationships have accordingly to the law when it comes to dividing the assets, bearing in mind that we both are going to pay from now equal share on both mortgages of the houses! We do not have pensions in place, just wages! Is the will a safe way to safeguard our assets or his children are entitled to a share of his own house and our own house? How about the finances in the bank? We have savings under different bank accounts in each of our name! Are they entitled to a share of this savings too? Thank you

Expert:  Clare replied 2 years ago.
As things stand the house will pass to you automatically on his death regardless of any Will as will the contents of any bank accounts held in joint names.
With regard to the rest of his estate in the event that there is no Will you will receive all his personal belongings. You will also receive the first £250,000 of his assets The balance will be split in two. You will have a life interest in one half of the the remainder and the children will share the rest
Your half is invested and you receive the interest and on your death it is divided between his children
If you do not wish this to happen then he will need to make a Will
This assumes that you do not live in Scotland.
I hope that this is of assistance please ask if you need further details