Buying a house with partner but might separate!!!

Newly_retired

Why not separate/divorce first, then sort out the housing.
Can we assume the children are not his? So will he leave if you make clear the relationship is over?
Whatever the circumstances, and there are some confusing bits here, it would seem better to clarify the relationship before committing to a purchase.

BitterAndTwisted

blahblahblah85 wrote: »

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

Almost. In the fabled old days the wife was an asset and was legally considered the property of the man she married. That's why a woman needed her father to give her away at the wedding ceremony. Give her away to the husband.

Any road, G_M was on a (semi) wind-up so it's best not to rise to the bait

blahblahblah85

BitterAndTwisted wrote: »

Almost. In the fabled old days the wife was an asset and was legally considered the property of the man she married. That's why a woman needed her father to give her away at the wedding ceremony. Give her away to the husband.

Any road, G_M was on a (semi) wind-up so it's best not to rise to the bait

Yes but in 2014? Thanks forgot about this 'trolling' business!

BitterAndTwisted

G-M'S a regular on this part of the forum and most of us are used to his humour by now. He wasn't trolling, partly just having a bit of a laugh by overstating the case and partly making a very serious observation. That observation was that when a couple are married there is no "his and "hers", it's all seen legally an asset of the marriage. Something which the OP appears not to have considered. Serious point, well made.

AdrianC

The OP & "partner" (their word) do not say whether they're married or not. 20yrs + kids does not necessarily imply marriage.

Mojisola

Batfink555 wrote: »

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

AdrianC wrote: »

The OP & "partner" (their word) do not say whether they're married or not. 20yrs + kids does not necessarily imply marriage.

Calling him "husband" is a bit of a give-away.

RAS

I think the Op needs advice from a divorce lawyer before she accepts any further support from her parents?

TBagpuss

If you won the house as tenants in Common you can define the shares you each have in the house. This would not be binding on a court in the event of a divorce but could be taken into account.

It would also be open to you to enter into a post-nuptial agreement (whih is like a pre-nuptial agreement, but made after you are married) You would both need to be take separate legal advice about the terms of the agreement, and it is more likely that a court (if you were to divorce) would uphold it if it had some benefits for each of you. For example, by ensuring your husband a share of the property, even if this is less than half, or deferred until the children leave home.

You might also want to ensre that he would be entitled to a lump sum of you split up, which would be enough to let him pay (say) a deposit and 6 onths rent so he would not be left homeless if you split up.

If you are not married, then a declaration of trust, and a cohabitation agreement, making clear what rights you each have to the property, and whether contributions to paying the mortgage or other bills will change that, would be sensible. Again, you should each get independent advice from different solicitors before signing.

Look for a family lawyer, who is a member of Resolution.

AdrianC

Mojisola wrote: »

Calling him "husband" is a bit of a give-away.

D'oh. Good point, well made.

dancingfairy

It might be better for the property to be in the name of your mum? or maybe set up as a trust or some sort? I appreciate that these will throw up other issues in terms of your mum owning a house, issues if she needed any means tested benefits/care in the future etc so everything needs to be considered.
I agree that perhaps your mum should not gift you the money just yet until you know where you stand. You need a solicitor to go through all the options with you as they don't appear to understand/have grasped your issue (I guess it depends if they are a general run of the mill house buying solicitor or whether they advise on finances etc).
df