Husband's name not on deeds - correct to make a will?

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Sophia2457

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Hi
My sister married late 4 years ago. She had bought her house about 10 years before and only her name is on the deeds.

Her husband has contributed to the mortgage since but he seems convinced that if she dies he has no claim on the house or any of her assests (the car is in her name too). He literally came to the marriage with no assets bar his personal belongings.

My sister of course wants him to have everything should she die, so will making a will through a solicitor accomplish this and put both their minds at rest?

Does it matter that she never informed her mortgage company of the change in her marital status? Will this affect the husband getting the house if she dies?

Neither of them are very financially or legally savvy. Her husband has a teenage daughter from a previous relationship who does not live with them but he does pay maintenance for. My sister wants to set his mind at rest that this is now 'their' home, he says he feels like a tenant.

There is only about €110,000 mortgage left on house worth about €500,000 and she has level term mortgage protection,

Any advice gratefully received.
 
With regard to the house your sister could have her husbands name added to the mortgage and title deeds. The lender will have to give permission but this should be easily obtained given the loan to value of the property. This would make him a joint borrower and joint owner of the property.

She didn't have any reason to inform the lender as to the change in her marital status. If she decides to amend the mortgage she will need to do so.


As her husband he will have some rights to the family home. Would advise consulting a solicitor with regards to making a will etc. Her husband may also wish to do this in the interests of both his wife and daughter.
 
Thanks for the advice, Pm1234. I'll pass it on to my sister.

Vanilla, my sister has no children of her own and herself and her husband have none between them. She tells me they have no intention of having children.

So there is only her husband's daughter from his previous relationship.

She wants to be sure all her possessions (house, car, contents of house) go to him, so that's why it seems to me the best thing for her to do is see a solictor and make a will stating this.

What do you think?
 
There is no real issue or problem about the sister's estate going to the husband; By simply making no will and having no children, this will happen anyway. There is, however, an elephant in the room: Does your sister intend that their assets would ultimately pass to her husband's child? Or does she envisage some of her own siblings\family benefitting? Is she happy for this to depend on the random circumstance of which of them happens to die first? Is he? If not, she and he need to work something out and make wills which reflect their common intent. They really need to sit down with a solicitor.
 
Thanks MOB - the elephant had occurred to me and I will ask her about it.

Neither are very 'worldly' and I dont think they've discussed what happens if she goes first (hate thinking about this), all passes to him - and then after him to whom?

I suppose the 'estate' would pass to his daughter and out of our family, if there's no joint will made. It doesn't bother me, but may some of my siblings.
 
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