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SS Legal Advisor
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Category: Law
Satisfied Customers: 1053
Experience:  Senior Caseworker at DL Solicitors
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My daughter has a partner and two children. They have a

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Hi. My daughter has a partner and two young children. They have a house with a mortgage, which is in joint names. My daughter's partner has no assets and currently has no real prospects of a substancial in come in the future. I am 72 years old and need to pass on a substantial amount of money now to mitigate future inheritance tax. My concern is, should they marry, what are the implications (dangers) that if they then separated, could he claim half of her wealth? If she died first, is it possible to arrange prior, that her wealth go to the children?
JA: What steps have been taken? Have any papers been filed in family court?
Customer: No. This is all speculative. I have considerable wealth and am concerned my money will not transfer to my grandchildren rather than their father.
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county does she live in?
Customer: I'm afraid what you are saying is not relavent to what I'm asking.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: None that I can think of right now.

Hi there,

They can marry as they wish but it is always important to discuss the financial implications. Generally, it will be the wife who will get everything in the event of a divorce (the law generally favours this approach) so in reality, her partner is unable to touch anything of your daughter's. This would also apply for anything you are to leave behind for your daughter and grandchildren if they are a beneficiary.

My only concern would be the home so if that is held as joint tenants, this means that if your daughter is to pass before her partner, he will automatically inherit her share of the property and eventually be a 100% owner. If they hold as Joint Tenants, then your daughter's share can be vested in her own estate as she pleases which can then pass onto her children.

I hope this helps and please leave positive feedback. If I can assist with anything else, please do let me know.

Kind regards,

Customer: replied 1 year ago.
Hi. Thank you for your reply. You say the court generally favours the wife. Just wondering if I am speaking to someone in the UK or USA....the laws may be different. If my daughter died while the children were still living at home, then i would be happy for her partner to inherit the house whether they were married or not, as he is currently paying the mortgage. She contributes to the everyday shopping, children's clothes etc.

Hi there,

You are speaking with someone UK based. Unsure as to why it states US!

If you are happy for the husband to inherit the house as it is then that is fine, the default rule is that the spouse generally obtains all the assets upon divorce and upon her death, the assets will be as per her will (remember, in the eyes of the law, a divorce will automatically revoke the husband as a beneficiary).

I hope this helps and please do leave positive feedback. If I can assist with anything else, please do let me know.

Kind regards,

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