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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 34121
Experience:  25 years experience of all aspects of family law
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Perhaps, I'm in a relationship with a lovely woman who is

Customer Question

Perhaps, I`m in a relationship with a lovely woman who is about to exchange contracts on a property where we will both live. The mortgage on one persons sallary would be uncomfortable for one to pay. Is there anyway I can gaurantee a payment to her to make sure this doesn`t become a problem for her in the event of a split ?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Clare replied 1 year ago.

Hi

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Could you clarify exactly what it is that you wish to achieve

Customer: replied 1 year ago.
Hi Clare , I wish to provide my partner with security in the very unlikely event of a separation , the mortgage on the property she is buying will be ok with two imputing but difficult if I were no longer paying into the communal pot. I`m willing to suggest that I will continue to pay `a sum` into the account if this were to happen and want it to be an agreement that is beneficial to both parties
Expert:  Clare replied 1 year ago.

Will you be a joint owner of the property?

Customer: replied 1 year ago.
Not initially
Expert:  Clare replied 1 year ago.

But the plan is that you will be?

Customer: replied 1 year ago.
eventually. Although in the interim for 12 months I will be renting with my partner and have a rental agreement
Expert:  Clare replied 1 year ago.

Would you wish to point an end point on the payments if the relationship fails?

Customer: replied 1 year ago.
we were discussing this issue last night. I would be happy for this to continue in the event of a separation till the house is sold.
Expert:  Clare replied 1 year ago.

I assume you would wish to be able to force a sale if need be?

Customer: replied 1 year ago.
No, as I will be putting no cash into the initial purchase that wouldn`t be fair. I purely wish to protect my partner in the event of a not probable split until the house is sold.
Expert:  Clare replied 1 year ago.

This is not a matter to undertake lightly as you could be committing yourself to a payment for an indeterminate length of time

The only way of doing this is to create a contract - which would be enforceable no matter what happened between you

One way that this would be safe for you is if it was expressed as a lump Sum payment, payable by instillments to secure you a beneficial interest in the property.

You could perhaps look at 20% of the cost payable over five years - but the actual details would depend on price deposit etc.

I hope that this is of assistance - please ask if you need further details

Clare