Girlfriend,her house,her kids and my kid

LegacyUser

Hi Guys,

No so much a big issue as other peoples here but id like some opinions on my situation

I am currently living with my girlfriend and her kids,she has a mortgage on her house with her ex who doesnt pay a cent towards,i also have a child with the standard access etc.

Lately iv been thinking about the future and what im going be able to leave my child behind if and when i pass.

Current my girlfriend and her ex are named on the house but he doesnt pay anything towards it,i pay half of this as i live there so in a way its my rent i guess but thinking about this means that i have no claim to the house. My girlfriend currently doesnt have time or the money to try and have her exs name taken of the house and moving and us getting a place together is not an option as she loves the house too much and to be fair i like it also.

What do you guys think i should do in this situation as we will live her for the forsseable future however my dauther will not have any claim to this place when i pass and i would like to leave her something when i do.

My girlfriend says that when we get married i would then be entitled to half of her part of the house, im not sure if this is true or not.

any opinions on this situation or anyone else been involved in something similar.

Please bare in mind im not trying to be greedy, im just thinking about my childs future and if im paying half the mortgage on the house i would like to have something to show for it

Thanks in advance

Mr. Incognito

Speak to a solicitor.

Its possible to have him removed from the title and you added.

You might both consider wills also.

Mortgage is not ownership.

Rubberchikken

you're not being greedy. and you're right to look out for your child.
tbh speaking to a solicitor would be the best thing. they would be able to give you the best advice.

good luck

Emme

Have you spoken to your girlfriend about this? It's all very well to get legal advice but it would be better for you both and for the future of your relationship if you both want the same thing and have all this clear before you go to a solicitor. Otherwise things could get messy.

You need to take several things into account. How long have you been paying half her mortgage? How long was her ex paying the mortgage before that? Do you and your girlfriend plan on having children together? Do you plan to get married?

You and your girlfriend have to do what's best for all children concerned, hers and yours.

CaraMay

I think you need to pay stamp duty to have the deed re registered plus the bsnk may not want his name off the mortgage....

The hard fact is that her ex can come at any time and demand she sell the house plus he will get up to 50% of any surplus sale proceeds. I would suggest you just think of the monies you pay as rent and just that. No point feeling you have a vested interest in the house when you can't given that the ex is still involved. The only way to get out of this diruation easily is to sell the house and the two of ye to buy somewhere new.

The_Conductor

Talk to a solicitor though- there are tax implications here too (aka removing the ex from the mortgage and reregistering the property will result in 1% stamp duty and other legal fees- probably a couple of grand in total.

You need to get good information on the mechanics of the transaction- alongside inheritance planning etc for all the children concerned (which would of course include both you and your girlfriend making wills).

Gatling

How long are you and your partner together

indigo twist

My immediate worry wouldn't be the property. I can't imagine this will even come into play unless your girlfriend is a legal guardian - I don't get the impression that she is?

I would expect that, if you died tomorrow, not only would there be zero rights to property ... More importantly, your girlfriend would have zero rights to ever see your child again. If they're close, that sounds very sad. And that's the issue I would prioritise, before property.

donutheadhomer

Mr. Incognito wrote: »

Speak to a solicitor.

Its possible to have him removed from the title and you added.

You might both consider wills also.

Mortgage is not ownership.

Being on the mortgage only means you are responsible for the debt and not that you own the property

MouseTail

You wont be entitled to half the house if you marry, as her ex owns half that house. You may acquire some rights to her half dependent on how the title is registered.

Succession planning is really important in blended families like this, you really should see a solicitor.

This could get very complex, if you are concerned about your child's inheritance, I would look to take out life insurance with your child as sole beneficiary until such time as the house is sorted.

MouseTail

You wont be entitled to half the house if you marry, as her ex owns half that house. You may acquire some rights to her half dependent on how the title is registered.

Succession planning is really important in blended families like this, you really should see a solicitor.

This could get very complex, if you are concerned about your child's inheritance, I would look to take out life insurance with your child as sole beneficiary until such time as the house is sorted.

iguana

CaraMay wrote: »

The hard fact is that her ex can come at any time and demand she sell the house plus he will get up to 50% of any surplus sale proceeds.

That's very unlikely while the OP's girlfriend has custody of her and her ex's dependant children. The custodial parent will usually be given use of the family home until the children reach adulthood/leave fulltime education. But in the future it's a very distinct possibility that the ex will want remuneration for his share of the house.

OP, I think the suggestion to get life assurance and name your child as beneficiary is a good one. But it is also necessary to look to the future housing of you and your girlfriend. Either see what needs to be done to buy the ex out of the house and for you to become co-owner or else start saving so that in future you can afford alternative housing as if the ex is still co-owner/joint owner when his children grow up, you may very well have no choice but to sell the house.