Buying a house with partner but might separate!!!

Batfink555

I know it's an odd one but I've been with my partner over 20 years and we have come very close to separating many times due to me working and him not and him generally being very hard to live with due to having Aspergers.

We have £80,000 in the bank (in my name) which has accrued from selling a property which my a Dad gave me the money for.

My Mum is now giving me £50,000 to enable me to buy the property I am currently renting (nice parents I know!).

Trouble is, should we separate in the future I want this house to be for me and my young children.

I have already told my husband and my solicitor the house is going in my name and he knows the situation.

My solicitor wants to know if I want us to be classed as tenants or tenants in common?

Any advice please on the best thing to do?

He will be on the purchase form as an occupier but I don't want him to be on the deeds at all?

Guest101

Your married, if u divorce he'll be, legally correctly, entitled to upto half all the pot, which will most definitely include the marital home.

ViolaLass

I'm not sure your solicitor has understood what you want as the options s/he has given you are for joint ownership.

G_M

It does seem strange/mad to buy property with seperation hanging over you....

But since you are married it makes no odds. You need divorce advice, not property advice.

On divorce, all assets (property, savings invetsments etc) whether owned in sole names, or jointly, are divided up.

Starting point is 50/50, but allowance will be made for other factors eg who is supporting children and where the children will live post-divorce.

Mojisola

Batfink555 wrote: »

We have £80,000 in the bank (in my name) which has accrued from selling a property which my a Dad gave me the money for.

My Mum is now giving me £50,000 to enable me to buy the property I am currently renting (nice parents I know!).

Trouble is, should we separate in the future I want this house to be for me and my young children.

You can't do it - you are married, all assets are joint even if they are only in one spouse's name like the £80,000.

DRP

Batfink555 wrote: »

I know it's an odd one but I've been with my partner over 20 years and we have come very close to separating many times due to me working and him not and him generally being very hard to live with due to having Aspergers.

We have £80,000 in the bank (in my name) which has accrued from selling a property which my a Dad gave me the money for.

My Mum is now giving me £50,000 to enable me to buy the property I am currently renting (nice parents I know!).

Trouble is, should we separate in the future I want this house to be for me and my young children.

I have already told my husband and my solicitor the house is going in my name and he knows the situation.

My solicitor wants to know if I want us to be classed as tenants or tenants in common?

Any advice please on the best thing to do?

He will be on the purchase form as an occupier but I don't want him to be on the deeds at all?

Partner or husband?

sammyjammy

Mojisola wrote: »

You can't do it - you are married, all assets are joint even if they are only in one spouse's name like the £80,000.

I don't think you can say that on the basis of the info so far provided by OP. It depends if they currently have children and how long they have been married. A short marriage with no children would aim to put both persons back in the position they were before marriage these days. It also depends on whether the OPs husband is a dependant on her or whether he gets Contributory based benefits etc.

Regardless of the situation you'd be crazy to buy a house with someone you feel like that about.

Mojisola

Batfink555 wrote: »

I know it's an odd one but I've been with my partner over 20 years and we have come very close to separating many times due to me working and him not and him generally being very hard to live with due to having Aspergers.

Trouble is, should we separate in the future I want this house to be for me and my young children.

sammyjammy wrote: »

I don't think you can say that on the basis of the info so far provided by OP. It depends if they currently have children and how long they have been married.

First post.

G_M

Mojisola wrote: »

First post.

though hubby might get custody of the children, and then, more likely, the property too.

Mojisola

G_M wrote: »

though hubby might get custody of the children, and then, more likely, the property too.

Quite so.

There's a range of possible results depending on how things are worked out but the starting point in a divorce will be that assets are jointly owned.

This is the result of legislation that protected women who were stay-at-home parents from being left with nothing after their breadwinning husbands threw them out (they hadn't worked - why should they take money the husband had earned?).

The legislation works both ways and protects both spouses.

blahblahblah85

G_M wrote: »

Women's lib gone mad....

In the old days, all assets (including the wife) were the property of the man of the family, which was as it should be.

Along came the '60s, the pill, and WL and suddenly women thought they had a right to half the family assets!.

Now it seems, the OP wants to keep family assets to herself and leave the poor bloke, with Aspergers to boot, destitute......

Am I reading this correctly...a wife is an asset? and should be the property of the man?!?