Don't want my husbands children inheriting a house I bought.

I bought my home shortly after meeting my now spouse. The house is in my name only. We have been living in the home for close on 20 years.
We have no children but he has 2 adult children from a previous marriage. I do not want them to inherit the home I bought if I pass before my husband.
I intend to leave the house to a niece whom I am very close to.
Can I stipulate that my husband can remain in the home until his passing after which the ownership passes to my niece without consequences for her?.

You probably need legal advice on this. And ideally maybe discuss it with your husband too?

You need to be aware of the Legal Right Share and possibly other family law rules relating to surviving spouse/family and their statutory rights with regards to assets of the estate in this scenario.


There are generally some potential consequences for anybody who receives an inheritance - e.g. most obviously assessment and possible liability for Capital Acquisitions Tax (aka Inheritance Tax).

Did you buy it without a mortgage?

Allen said:

Did you buy it without a mortgage?

Click to expand...

Why would that be relevant to the question originally posed?

I assume the question around if a mortgage or not was in place is if their was a mortgage in place when he moved in could he argue that is contributed to the payment of the mortgage indirectly therefore may be legally entitled to a share in the ownership of the house.

To answer the original question assuming he has no interest in the house could you look at him getting a life lease on the house with the remaining interest passing to your niece on his death. I agree with others this is an area where you will need legal advice around family law.

Philip S said:

To answer the original question assuming he has no interest in the house

Click to expand...

Surely he has an effective de facto interest in the house since it's the family home (Family Home Protection Act) and potentially via the Legal Right Share legislation in the event of any attempt to unilaterally disinherit him via a will?

Either way, almost certainly a question that requires independent professional legal advice.