UK Family Law
UK Family Law Questions Answered by Verified Experts
Thanks for your question.
You seem to have a good grasp of the nature of the property ownership and death, is there anything else you need to know about other than how the situation would be affected if your husband moves out?
Thanks for your reply.
They would not have a great deal of security at all. He would be free to change his will as he saw fit and therefore could write them out of it if he so chose.
Where a person/child is not included in another's Will then they may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependent) Act 1976. The difficulty here is that in order to do so they must prove dependency upon the deceased prior to death. This is usually in the form of financial dependency.
If you have passed away then I assume the children would be taken care of by their father and therefore this would produce difficulty in making a claim under the above Act if your husband no longer provides for them. In any event such a claim would be litigated if no agreement can be reached and therefore this would incur significant legal fees.
I would advise you strongly to opt for TIC ownership and make sure your will is at all times up to date. That, in the final analysis, is the only cast-iron way of securing your children's inheritance.
If your husband moved out of the house then it would not affect his ability to deal with his interest in the property provided he is still name as registered proprietor of the property with you.
If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
Under what scenario does he think he will be hassled for money by your children?
I have to go offline for 30 mins now, I will be able to answer after then, I trust this is okay.Tom
If you held you interest TIC and your children inherited your share with following your passing (with your husband still allive) and do not wish for your children to have the ability to sell the property during your husband's life time (ie. because you wish for him to have a place to live) then you can give your husband the right to remain in the property during his liftime.
If you did this then your children could not realise the money until your husband passes away.
Again, it comes back to security for your children unless you hold your property as TIC then that security is at much greater risk.
I trust this clarfies and should be grateful if you would kindly click accept.
my question is about the rights of a term cohabiting