Pre-Nups, Wills, etc and so on

**Graham M** · 28-01-2008, 12:54

OK I have a couple of questions for the more worldly-wise of you all, my Mum is planning to get married on Valentine's day, at this time, myself and my brother pay her rent toward bills etc to stay in this house, and I don't think, due to certain reasons (mostly my own fault) that I could afford to move out if I wanted/had to, that isn't in question at the moment, what is, is if my Mum and her fiancÃƒÂ©e don't get a pre-nuptial agreement written up beforehand or a legal document written out and signed afterwards, what would happen to the house if they were to get divorced? Also, after they got married, if my mum were to pass away whilst they were married, what would happen to her estate? I'm not just worried about where myself and my brother stand, I'm more worried about where my mum would be. Cheers.

That's all I can think of for the moment.

jkat · 28-01-2008, 13:02

happened to a friend recently divorced, he got the house they she moved out with her son and it was all legal but i dont know the ins and outs?? btw never did like the guy he gave me the creeps lol

**Graham M** · 28-01-2008, 13:07

Who did the house belong to though? Were they together when they moved into it?

Aragorn · 28-01-2008, 14:21

I'm not an expert, but
Divorce - Nothing's impossible! It's unlikely he would get the house, but stranger things have happened!! A legally binding pre-nup would definitely help.
Wills - If a person dies intestate (no will) the next of kin (husband) would inherit everything and you would have no leg to stand on

I would def get her to make her intentions clear in a will.

Vlad_Dracul · 28-01-2008, 14:58

It may seem like a slightly inappropriate time to consider such matters but it is right and proper nevbertheless.

Have a look here;

http://www.lawontheweb.co.uk/basics/wills.htm

Read up on the law relating to intestacy.

Wills are absolutely vital and not enough people make them.

Presumably the house belongs to your mother and you have no other stake in it other than it simply being the family home and you pay rent to stay there?

Obviously as you are over a certain age, your mother has no legal obligation to house you and you are simply there because she allows you to be and because of this, you pay her rent,keep etc.

One cannot guess what your mothers' wishes might be should she die when married to this chap. The vital thing is that she leaves a will because if she doesnt, then her legal spouse has a large claim on her estate and the laws of intestacy will prevail.

I leave it to you as to how you raise the issue of a will to your mother! As there are some impending nuptials, I'd give it a few months or so !

superbiatch · 28-01-2008, 15:03

I'm assuming its a bought house and not rented? (sorry if that sounds stupid but i'm not 100% sure from your opening post)

**Graham M** · 28-01-2008, 15:15

Bought sorry, but mortgage is still being paid, I've already raised these issues with her, I just wanted to be sure myself what would be involved if the worst happened.

jkat · 28-01-2008, 15:37

Quote:

Originally Posted by Zeph

Who did the house belong to though? Were they together when they moved into it?

well she sold her old house to move into a bigger house with him, he didnt, but i guess they had a joint mortgage.

superbiatch · 28-01-2008, 15:48

Quote:

Originally Posted by Zeph

Bought sorry, but mortgage is still being paid, I've already raised these issues with her, I just wanted to be sure myself what would be involved if the worst happened.

I'm sure you have rights as sitting tenants, my brother is in the same boat as he lives with our nan. My uncle threatens to sell the house as soon as my nan passes on (nice person eh!) but dad has done some research and said my brother has sitting tenant rights and so long as he pays some rent, my uncle can't do anything. But this particular house has no outstanding mortgage so I think thats where things may be different

SMHarman · 28-01-2008, 15:59

Chances are in the event of a divorce she could argue to keep the house as it was hers in the first place (pre-marital asset) and her family is living in it (even though they are emancipated).

What might happen is she needs to pay him cash or other assets to represent his contribution to the mortgage and other improvements that occurred during the marriage.

IIR pre-nups are not legally binding in the UK, but judges will take direction from them if they are reasonable.

If she dies intestate it is as covered above, the house becomes his as do all her other assets and possessions. If she wishes to direct her estate otherwise (and for tax reasons if nothing else it is normally good to do so, utilising the 0 band of IHT to pass assets down a generation) then she needs a will.

Putting off talking about it. Yes you can and she can but if this is not in place before the marriage and say she dies and he survives a car crash on the way to the airport for their honeymoon then not having done this beforehand will mean anything talked about if not in writing will count for nothing.

---------- Post added at 10:59 ---------- Previous post was at 10:57 ----------

Quote:

Originally Posted by superbiatch

I'm sure you have rights as sitting tenants, my brother is in the same boat as he lives with our nan. My uncle threatens to sell the house as soon as my nan passes on (nice person eh!) but dad has done some research and said my brother has sitting tenant rights and so long as he pays some rent, my uncle can't do anything. But this particular house has no outstanding mortgage so I think thats where things may be different

With the asset mortgaged, the mortgage will become repayable in full in the event of death of the mortgage holder. This gets complicated as you effectivly need to buy the house from the mortgage holder.

Vlad_Dracul · 28-01-2008, 16:32

Quote:

Originally Posted by superbiatch

I'm sure you have rights as sitting tenants, my brother is in the same boat as he lives with our nan. My uncle threatens to sell the house as soon as my nan passes on (nice person eh!) but dad has done some research and said my brother has sitting tenant rights and so long as he pays some rent, my uncle can't do anything. But this particular house has no outstanding mortgage so I think thats where things may be different

Hmm, i don't think so. you see the term "tenant" in a legal sense,is one who has been granted a legal tenancy. This isnt the case with this young man. He is simply there because his mother, for the time being, allows him to roost under her roof.

As long as he is of age, she has no legal obligation or duty to him.

cookie_365 · 28-01-2008, 18:33

Prenups aren't legally binding but a judge has the discretion to take them into account - probably more likely as way of establishing what the parties brought to the marriage rather than what they wish to take out of it after divorce.

Marriage automatically revokes existing wills, unless they're made 'in anticipation' of marriage. She'll probably need to get qualified advice to get it done right if she goes for this.

If she dies without a will her husband will get everything (unless he too dies within 28 days).