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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have just got my first mortgage and having put alot of money

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I have just got my first mortgage and having put alot of money into it I want to secure my money from my fiance if we were to break up. She will be paying money to me each week. All the bills will be coming out of my account by direct debit and the mortgage is solely in my name. I have heard of cases where couples have split up and the woman has been able to take a share of the property even though she has put very little in. Are there any precautions I need to take?
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HiCustomer

 

Thanks for your question.

 

If if going to be a long engagement then you should consider making a cohabitation agreement with your partner, this is a deed signed by both parties which states whether or not each party is to have/accrue an interest in the house. It will also deal with other things such as property bought during the course of the cohabitation, debts, budgeting and payment of outgoings.

In order for it maximum likelihood of standing up in court you should both take independent legal advice on the document and be completely honest with each other about what you both earn.

In the event that you marry things become slightly more complicated in that once you have been married for a significant period of time there is a presumption that the matrimonial asset pool will be divided equally (50/50) upon divorce. This presumption can be rebutted where there are children for which one of you will have residence and be the primary carer or in cases where one of you requires higher income because of ill health (there are other circumstances). You can enter a pre-nuptial agreement but while these agreements have recently had more weight attached to them in the past by the Courts it is still very far from guaranteed that the Court will split the matrimonial asset pool according to the pre-nup.

 

I'm afraid exposing your assets is ultimately part of the marriage package.

 

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Kind regards,

 

 

Tom

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
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