What if my spouse remarries after I die?
- Most couples (married or not) own their house jointly. If one dies, the house belongs to the other because any jointly owned property passes automatically to the survivor.
- If the survivor then meets someone else, buys a house jointly with them, but then dies, with or without a will, that new house will automatically pass to the new person because, once again, any jointly owned property passes automatically to the survivor. Your children would be disinherited.
- To avoid this you can choose to own your present house as ‘tenants in common’ where, typically, you and your spouse or partner own half each.
- As ‘tenants in common’ your half of your present home does not automatically pass to the other if you die. You can pass your half through your will.
- Using special Trust wills, you and your present spouse or partner each allow the other to have full use of the house until he or she dies, after which your half goes to the children.
- No need to worry if, after your death, your spouse or partner meets someone else because, by owning your present house as tenants in common, you have been able to pass your half through your will to your children. This is not possible with jointly owned property.
- This type of will is also suitable for couple wishing to mitigate care fees.