Protecting sister's inheritance from partner

summerday

Hi all,

My father very recently sadly passed away and in due course I will be dealing with his probate etc.

One of my sisters lives with her partner (both early 30s) and they have a 2 year old child. Before she fell pregnant they both worked full time, but unfortunately were both made redundant while she was pregnant. Her partner does suffer from some health problems but he hasn't shown any interest or willingness to look for even a part time job, his previous job was very much linked to his hobby and he seems unprepared to do anything he doesn't really enjoy.

My sister has in recent months been doing some painting and decorating work, which of course has reduced their benefits but she has always worked and didn't want to rely on benefits long term anyway. Her partner looks after the little one while she works.

Anyway, I'm not sure exactly how much inheritance we are due to receive, but suspect each of us may have approx £60k or so. Dad always said he would like to see us all settled with our own homes and due to finances the sister I'm posting about is the only one who hasn't been able to do this so far.

If my sister was able to buy a flat or house using her inheritance as a large deposit and was able to get a mortgage for the rest, and her partner came to live with her, and they later split up, would he be able to claim half of the house from her?

I realise this post must sound callous, but as background info would add that several months ago my sisters partner decided he wanted to end the relationship, said he had to put up with too much, didn't like being nagged to get a job etc and asked my sister to move out with their baby. She was gutted and started making arrangements. Two weeks later he changed his mind and my sister stayed for the baby's sake. But she has been on tenterhooks since, worried that if she says the wrong things he might end it again. He never makes any effort to join in with our extended family-never comes on Christmas day or birthdays, prefers to stay at home.

If anyone has any suggestions as to how she should best spend the money and protect it from her partner I would be grateful.

Many thanks.

pinkshoes

Money aside, why doesn't she just leave him and sort her own life out? Does she actually want to be with him??

Tiddlywinks

Your responsibility is to sort the estate out and divvy up the proceeds accordingly.

It is up to your sister to organise her own life really... her personal circumstances should not impact on your decision making in sorting out the legal issues.

Brewstersmum

would a pre nup type thing help your sister? if she used the money as a deposit would she be able to lodge something in writing that says he has no claim on it in the event of them splitting up?


this may obviously rock her relationship but would protect her interests.

summerday

Pink shoes- she said if it wasn't for the baby, she wouldn't have taken him back. She was also scared of managing financially when she had no savings or a dependable income.

Naturally she will receive what is hers, I wouldn't dream of otherwise. But her receiving this windfall will possibly open up more options to her and she may feel less afraid to leave. Really, I am just thinking ahead to avoid her partner getting his hands on the money when he hasn't made any attempt to help provide for the family financially since the baby was born.

summerday

That's a good idea Brewstersmum, thanks. However do these pre nup things stand legally? They are technically engaged (from before she fell pregnant) but has said since he threatened to leave she wouldn't marry him now.

Brewstersmum

summerday wrote: »

That's a good idea Brewstersmum, thanks. However do these pre nup things stand legally? They are technically engaged (from before she fell pregnant) but has said since he threatened to leave she wouldn't marry him now.

I really don't know to be honest but I know you can lodge clauses for cohabiting couples. it would be worth googling at least or maybe getting a free sitting with a solicitor to see how reliable it would be


hope it all works out. I was trapped in a relationship and lost everything I wish I would of put some form of protection for my assets in place

summerday

That's good to know. Really sorry to hear of your own experience.

My sister and I are close and I know she wouldn't mind me posting this on her behalf.

mountainofdebt

well if they bought a property then couldn't they draw up (by that I mean with a solicitor, not on the back of a cigarette packet job) where by her contribution is acknowledged by her owning a bigger %age of the property?

mountainofdebt

Is she married to him or not?

fabforty

summerday wrote: »

Pink shoes- she said if it wasn't for the baby, she wouldn't have taken him back. She was also scared of managing financially when she had no savings or a dependable income.

But she has taken him back, the reasons why are irrelevant. Nobody knows what really goes on in other people's relationships - no matter how close you are.


Unless you are suggesting that she is otherwise incapable of manging her own affairs, you should do your bit as far as the inheritance is concerned, and leave the rest alone.


If her main concern at this point is 'how can I protect my money from my partner' instead of 'how will this make our lives better', then she's with the wrong man and would be better off resolving (or dissolving) the relationship, than trying to ring fence her money.