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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6373
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello, My name is XXXXX XXXXX I am currently in a long term relationship.

Resolved Question:

Hello,
My name is XXXXX XXXXX I am currently in a long term relationship. My Girlfriend has aprox £100k from her previous marriage and i have aprox £50k from my previous marriage. We have a disabled son and our current house is too small for us and his equipment.
My question is If we get buy a house together and our relationship does not work out (very rocky at times) will i be able to get my share back. I do not want any of her money but do not want to wait for 10 years plus for my son to grow up.
Do you recomend a prenup?
Any advice would be appreciated.
Thanks very much
Andy
Submitted: 3 years ago.
Category: UK Family Law
Expert:  Thomas replied 3 years ago.

Andy,


Are you to actually marry?

 

Tom

Customer: replied 3 years ago.
Hello Tom,
Not as yet but im sure marriage will be on the cards if it all works out.
Expert:  Thomas replied 3 years ago.

Andy,

 

Will you be purchasing the property before you get married?

 

Tom

Customer: replied 3 years ago.
Tom

Yes

Andy
Expert:  Thomas replied 3 years ago.

Andy,

 

If you are to purchase a property and are contributing unequal shares then I should imagine your girlfriend will wish to have these contributions reflected in a declaration of trust. This means that you will hold your interest sepraterly as tenant's in common and that your shares would pass according to your respective will and not automatically to the remaining joint owner.

 

It would state that you each have a certain percentage interest in the equity of the property. If you separate then you can apply for an order for sale of the property (if she can't buy you out). The most important concern will be that the child is adequately housed, provided the child can post-sale and division of equity the basic view is that an order would be made.

 

You should also consider outlining your cohabition in a cohabitation agreement which refer to the declaration fo trust and properyt but also to what should happen to assets acquired during the cohabitation and what should happen upon separation. It would cost around £300+vat from a family solicitor.

 

Before marriage you may consider a pre-nuptual agreement.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

 

Kind regards,


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6373
Experience: BA (Hons), PgDip, Practising Solicitor
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