What happens to my share of the home?

Questioner

I own a house together with my ex-partner, we are both owners. He has an incurable disease. He has paid off the house. There are two adult children. There is a will in which everything goes to the children. What happens to my share of the house when he dies? On paper, we both own half of it.

Lawyer

After the death of your ex, you and the children will jointly own the house (you for half and the children each for 1/4). You and the children will have to decide together what should happen to the house and if you and the children cannot reach an agreement, either party can ask the court what should happen to the house (divide it and if so how, or sell it and divide the proceeds of the sale).

Questioner

Thanks for the quick response! Is it advisable that I have your answer confirmed by a lawyer or notary?

Lawyer

I do not see the added value of confirmation by a notary or (other) lawyer. However, it is wise to have a conversation with all parties involved after the death of your ex, with children (including your children?), so that they can express to each other what they think should happen to the home and what the next steps could be to arrive at a situation that all parties involved can agree with.

Questioner

Thanks for the quick response! Is it advisable that I have your answer confirmed by a lawyer or notary?