Does My Mother-In-Law Own Half Her House?

[StocktonLad70]

My mother-in-law has just found out she's not on the deeds to the house she's lived in with her husband for the past 50 years.

There is no mortgage, and she has never worked (don't know if that's relevant)

If her husband dies tomorrow, what happens the house?

Thanks

[Tilly2]

Have they made a will?

[murraymints]

It will depend on husbands will....if no Will she will have a half share claim and children equally share the other half.......I think ..but Fred and barmaid will be along , both legal eagles...

[EDDIE51]

The house automatically passes to her if the husband dies first.

[murraymints]

I don't think that's the case in Scotland anyway....in the absence of a will...

[StocktonLad70]

The husband hasn't made a will. The mother-in-law wants to make a will in order to share the house with the kids in case she goes first.

[Tilly2]

They need to make a will.

[murraymints]

He has to make a will leaving it to her first....or put her on deeds as equally and survivor....

[murraymints]

Then....parents have to state in Will that should spouse predeceased him/her that estate is shared equally to whoever...

[StocktonLad70]

Thank you, I'll pass all that on. Cheers

[Maydup]

Are you saying that if she goes first, she wants him to sell it to share with the kids ? No, he should be able to live his life out in it but it does leave him free to make his own will at that stage.

As far as I know, if he goes first thehouse is hers and the same applies. In England this is.

[Maydup]

Promise me you won't let her rely on our random answers?!

Check here and get proper advice and there wills.

https://www.gov.uk/inherits-someone-dies-without-will

[murraymints]

No made up ...think she wants to make sure that if she goes first then husband then leaves house to kids ....if he were to remarry with other kids scenario ?

[murraymints]

But.....wills can always be changed ..so that's no guarantee...unless she goes on deeds as having half pro individual share , then her half can go to whoever...unlike equally and survivor when remaining spouse has full legal share to do with as they choose...

[murraymints]

Indiviso share

[Eve]

Is the poster in Scotland?

In England and Wales, if the husband dies without a will then the house will be dealt with by intestacy. If there is any issue as to who it goes to then trusts may come into play.

Is it not possible that she can be put onto the deeds for security?

If she is looking at making a will then maybe an initial appointment with a private client lawyer, who deals with these type of matters, would help her get the appropriate legal advice to consider prior to making a will.

[boxtops]

we're having a discussion with our solicitor at the moment about the occupancy of our house. If the husband doesn't make a will, then her position is far more precarious than it would be if he had - the house would go into his estate and be distributed in accordance with law. If her name was added to the deeds (as tenant in common, or joint tenant, depending on what they want) then she has right of occupancy after the husband dies. The house isn't (yet) hers to leave in her will, to her children. They both need to seek legal advice without further delay - making a will isn't expensive.

[boxtops]

^ the question we're looking at, too, is whose name is on the deeds if your FIL had to go into nursing home care, where assets are taken into account. At the moment, the value of the whole house would be assessed against any fees he'd be liable to pay - putting the house into joint names can help to plan for that contingency.

[tamborine]

MIL will own half house if she divorces hubby before he dies, then kids can claim whats left of his assets on his death - lol. wicked me

On his death the spouse claims half & kids other half, if the prop is up to £250k

[murraymints]

If she divorces before he dies with no name on deeds then she will have no claim on house unless it forms part of divorce settlement...

[boxtops]

It doesn't sound as if there is any suggestion of divorce! and we don't know where this couple live, the law on this is different if they live in Scotland, than if they live in England.