Would my future husband be entitled to half my house?

Uniscots97

Mojisola wrote: »

As far as I'm aware, these agreements don't have to be taken into account by the courts if there is a divorce.

I did ask my lawyer as I was in England at the time and he said the court has to take them as a statement of intent which means if there is a split then why would they then be looking for half the money/house. The only time this changes is where the other person puts money into the house (say a major repair) and the owner may be asked to pay the person that money back plus interest.

FBaby

A trust deed can become redundant after marriage. The only way you can really protect yourself is to have a trust deed and NOT get married.

I'm a bit confused though. You've been together for 12 years but all what you've save during that time is yours and only yours. Do you mean you've been together all that time but not living together? Surely if you've shared a home for all or most of that time, the fact that you earn more is irrelevant? What happens if indeed you have children, you stay home and he pays everything, is he then entitled to say he should have a bigger share of the equity?

I personally think that if you are so keen on protecting your assets, then marriage is not for you, religion or not. Surely getting married, whatever faith is about becoming an union and sharing everything.

Panda78

FBaby wrote: »

A trust deed can become redundant after marriage. The only way you can really protect yourself is to have a trust deed and NOT get married.

I'm a bit confused though. You've been together for 12 years but all what you've save during that time is yours and only yours. Do you mean you've been together all that time but not living together? Surely if you've shared a home for all or most of that time, the fact that you earn more is irrelevant? What happens if indeed you have children, you stay home and he pays everything, is he then entitled to say he should have a bigger share of the equity?

I personally think that if you are so keen on protecting your assets, then marriage is not for you, religion or not. Surely getting married, whatever faith is about becoming an union and sharing everything.

Well it's hard to argue against that and i'm sure you are right. I just need financial security for myself if we split up in future. We have rented together for 8 years and I have supported my partner for over a year when he was made redundant and i pay more than 50% of our bills. I also pay for our holidays, all because i earn more than twice his salary and feel i should pay more of the share.

I'm not fixated on money at all, i'm actually very generous, i just don't want to lose the deposit i am putting down - which is over £70K and i've sacrificed a lot throughout my 20s to save that. As for children, we are very unlikely to have any.

Gloomendoom

Panda78 wrote: »

Perhaps i sound too casual and cold about the relationship - but i am not, as 12 years together have proved! Men worry about marriage through fear of losing the house and money they input,

Do we? :huh:

It didn't even cross my mind.

meritaten

I think you shouldnt get married - you say you arent religious so why bother? why not ask him to pay you rent while you are at it? You have every financial fact at your fingertip - all to the detriment of your supposedly 'loved one'.
You arent 'fixated' on money? couldve fooled me! before you have even married you are considering the financial implications of a 'split'!
I wouldnt marry hun - You have absolutely no concept of the meaning of marraige! It is not a business decision!

daska

meritaten wrote: »

I think you shouldnt get married - you say you arent religious so why bother? why not ask him to pay you rent while you are at it? You have every financial fact at your fingertip - all to the detriment of your supposedly 'loved one'.
You arent 'fixated' on money? couldve fooled me! before you have even married you are considering the financial implications of a 'split'!
I wouldnt marry hun - You have absolutely no concept of the meaning of marraige! It is not a business decision!

But surely it should be, it's essentially a property contract. Yes, a lot of people marry for love, without thought for the future, but historically that isn't the case. The marriage state is defined and controlled by law whether it ends in death, divorce or dissolution. It's designed to protect the weaker party - which by the sound of it the OP isn't.

Which, ironically, fully supports your assertion that the OP shouldn't get married Because for her the marriage contract isn't financially acceptable to her. It would reduce her 'ownership' of the money she has saved in favour of a more equitable split with her husband should something happen in the future.

OP, if marriage isn't what you want and it's only to appease his increasing religiosity then I would question why you have spent 8 years with him and supported him financially. There must be something there? How would you feel if he suddenly announced that actually his increasing religious feelings demanded that he divorce you to live as a hermit? Conversely, how would you feel if he woke up one day realising that he was pressuring you into marriage and called the ceremony off?

I can't help with the practical side of how you protect 'your' money but if this is what you feel you need then I think you must use some of that £70K to pay for specialist advice.

HappyMJ

How much is the house you are intending to buy worth? Could you put a lower deposit down on it and put the remainder of your £70,000 elsewhere? In a savings account with only your name on it. Then if you get a divorce you can use that money to buy him out instead of remortgaging or selling the property.

Could you give this £70,000 away before you get married and start from zero? I'd suggest giving it to family such as your parents and ask them to put it in a savings account in their name so it isn't yours. As you are both starting from the same point then an equal 50/50 split would then be equitable.

marywooyeah

your potential husband could acquire what's called a constructive trust - this is where they acquire an equitable interest in your house either by contributing to the bills/mortgage payments over time in the absence of an express agreement that the non owning party won't acquire an interest, or where one party increases the value of the property by redecorating/improving etc the property.

you could draw up an agreement to the contrary, and as others had said there's now an argument as to whether or not they are legally enforceable or not. can I just ask, if this was your potential husband on here asking these questions how would it make you feel?

time2deal

FatVonD wrote: »

You need to take proper legal advice but from my own experience...

I owned my house before marrying my first husband and he didn't contribute anything towards the mortgage (or pay for any improvements.) I stayed married to him far longer than I should have mainly due to the scaremongers that tell you you'll lose half your house and then I moved next door to a divorce lawyer who told me he'd not have a leg to stand on but you should still take legal advice anyway

Can you tell us what happened - if its not too sensitive? Did he get part of the house - at least half the increase in equity during the marriage? I am curious how the courts actually deal with this.

meritaten

This thread is really depressing me - so this is my last post - to go into a marraige with a fall back financial plan if it fails - is really to my mind not what marraige is about.

when you 'marry' you join together and SHARE your worldly goods - its written in the vows and funnily enough the courts do take that seriously.
I dont think you should enter a marraige if you want to 'withhold' your assets - that is announcing that you think your spouse is a 'golddigger'. if you are concerned that is so - dont marry them!
if you can think of nothing but financial implications of the marraige - again - dont marry them! you are NOT in love!
a marraige is a SHARING! you may be the breadwinner now - but a few years down the line and the OH could be bringing more pounds in - what you going to do? go back to the solicitors and 're-negotiate'?
There is a reason you vow 'for better or worse - for richer or poorer' unless you understand that hun - DO NOT marry.