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Clare, Solicitor
Category: Law
Satisfied Customers: 35042
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello. I am a single mother, recently separated and recently

Customer Question

Hello. I am a single mother, recently separated and recently diagnosed with secondary cancer and trying chemo, again. I am about to buy a house and wondered if I could legally put it into the name of my two children, aged 12 & 10. My reason is so there will be no dispute over who owns the home and hopefully my children will continue to have their home. The house, with any life insurance, will take me over the £325000 inheritance limit. I am still legally married, but that situation may change.

I'd be grateful for legal thoughts - thank you
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
How far have the financial negotiations within the divorce reached?
Who will deal with your estate on their behalf?
Customer: replied 3 years ago.

I have a Will. Two executors. Estate left to children with provision for Carers.
Financial arrangements with husband are informal. He is selling a property and promises to give me money for a house. The children and I are renting - not ideal. I don't want any house to become part of my husbands estate.
Thank you

Expert:  Clare replied 3 years ago.
Is your husband also the father of the children - if so will he agree to the arrangements that you have made?
Customer: replied 3 years ago.

Yes . He is their father. Which arrangements do you mean? The arrangements for the children are that they live with him, wherever he is, and some of the estate will provide for a home for all of them if necessary. But property/money reverts back to children when they are adults as the estate is legally left to them not him.


I simply wanted to see if I could avoid confusion or avoid the property, or the value of the property, disappearing into his estate and then being divided and benefit his older children by his first marriage.

Expert:  Clare replied 3 years ago.
Thank you for that clarification.
You would have to set up a trust to hole the property on behalf of the children since they are under 18.
Provided you leave your entire estate to the children then the property that is held in your name at the date of your death will belong to the children and will have to be kept for then and cannot disappear in to your husband's estate
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Hi Clare


Thank you for the response. You have partly answered my question, so thank you. I really wanted to know what name I put the property in. Do I put it in my name solely? Do I put it in mine and the children's - if that is possible. I think from your answer, you are saying I put house in my name, I set up a Trust with the property as the asset (?) and then as it forms part of my estate it will be for the benefit of the children named in the Trust?


Is it easy to set up a Trust?


Have I understood correctly?


Many thanks Susan



Expert:  Clare replied 3 years ago.
The children are too young to own property.
So you either set up the Trust now - or simply leave the property to the children in your Will and direct that it should be held in trust for them - which is likely to be the more straightforward option