Areas of Law / Wills and Probate

I have been married seven years, but the house belongs to my husband. He has four children. If he died, would the house automatically be mine? He hasn’t made a will. Would his children have any rights over the property?

Since your husband hasn’t made a will, his estate – including the house –would be dealt with under intestacy rules. Under these rules you as his spouse would be entitled to the first £250,000 of his estate and half of the remainder. His children would split the other half between them. Although you could apply for a larger share it’s possible you would not even get the house outright, which could result in a conflict with your stepchildren. You need to discuss this with your husband and a solicitor and make wills.

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