Partner Died, Unmarried NEED HELP

[JohnJones88]

Evening all,

I find myself in desperate need of some advice.

February 06th 2023 my fiancee committed suicide. She left no will and we have two children together both under the age of 18.

She owned her house (with mortgage) and we have been loving together ever since she bought the house on 2017 however I have never been named on the mortgage due to credit issues back then.

Life insurance will pay off her mortgage. However myself and our two children are currently still residing in the property. I'm being told the the only option for the house is for it to be sold and the money put into trust for our children once they are 18, or rented at full market value? Is this true?

Im in no position of making an offer on the house and will not be able to afford the monthly rent on the property either with today's market prices.

So this will leave myself and our children homeless if that is the correct information I've been given and they will loose their family home which they have both spent 80% of their lives in.

Is there not an option for nominal amount of rent or are there any other solutions that can be thought of?

Any help would be appreciated.

[echat11]

Hi JJ88

Welcome to LB.

I'm sorry for your loss and condolences to your family.

I think you need to get some free advice, some solicitors do 1/2 hour Pro Bono.

https://www.lawworks.org.uk/solicito...o-bono-clinics

I think the fact that the children are under 18, might prohibit the sale of the house, as they attend school's locally, have friends locally etc.

I'm sure others will advise.

https://www.citizensadvice.org.uk/fa...-of-intestacy/

des8 atticus

[des8]

The property could be put into a trust for the benefit of the children, with you possibly as the trustee

Do consult a solicitor

[atticus]

While I am very sorry to read this, I can only add that I agree that you should take professional advice.

May I ask who told you that the house should be sold or rented? My gut feeling is that if the property now belongs to your children, they can surely live in it rent free, with you as their carer.

Who paid the mortgage?

[JohnJones88]

It was a solicitor who advised the the house was to be sold or rented. But those were the only two options I was given. I was hoping there would be another option.

It was my fiance that paid the mortgage, however I was transferring her money every month from the date we moved in for my half of everything. Mortgage, bills, childcare etc.

[des8]

On the info you have supplied it seems your children inherit the house.

As they are under 18 by law they cannot receive any gifts of money or any part of a deceased estate, so their ownership needs to be put into a trust.

If the property is sold or rented there could be tax implications

If there is a large difference in age of the children, there might be problems when the eldest reaches the age of 18, and legally his/her share does become his/hers to dispose of as he/she wishes

There are so many possible scenarios you might want to consult another solicitor
a quick Google "child inheriting property" lists many
One picked at random with no recommendation (https://www.girlings.com/latest/can-...ll-be-under-18) will give you an idea of the possibilities

Also it might be that you have a claim to a share in the property.
If you can show your regular payments to cover the mortgage, and also that it was always the intention for you to share in the ownership eventually or on the death of your partner.

[atticus]

I agree that you should get a second opinion. I am troubled by the advice you have been given, and agree with what others have said.

If the house is sold, where are your children going to live? Won't the same issues arise in respect of any property bought with the proceeds?

And the idea that you should pay full market rent for your children to live in their own home!

[JohnJones88]

Thank you all for your help. I was hoping there would be more scenarios available so I will seek further advice/second opinion.

[echat11]

If you can update, that would be good.

[atticus]

Good luck. I would be interested to know how you get on.

[JohnJones88]

Evening all,

Firstly I'd like to thank you all for your help and contribution to this post.

After seeking a second opinion it turns out that as I have parental responsibility for the two sole beneficiaries of the estate I should apply for the grant of letters of administration myself along with a trustee also.

Although I have no legal claim to the house (which I already knew) we are able to reside in the house still (myself & children) and they can inherit the house when the turn 18. This would be rent free as the trustee would be in agreement that this is the best option for the happiness & stability of the children. If the house was to be sold then the money from the estate would need to be used to re house the children anyway.

I now have a more reputable solicitor handling the application for myself and if it wasn't for all your advice I think I may have just accepted what we were told in the first place. Can't express how grateful I am

[echat11]

That's great news, well done.