infidelity clause on Deeds?

getmore4less

Why go down the get your deposit back route, you are effectively giving the OH an interest free loan of £35k if you split the mortgage 50:50.

Why not go down the equity based split?

With a fidelity clause tht would be much more fare.

Also you would need to cover the I want to split so 50:50 against the fidelity clause.

which comes first how do you prove either?

duchy

Once children come along a court would disregard such a pre-nup anyway so it seems a bit pointless unless you have no plans for children.

Southend1

With this Ring I thee wed, with my body I thee worship, and with all my worldly goods I thee endow: In the name of the Father, and of the Son, and of the Holy Ghost. Amen.

duchy

MatthewCTorquay wrote: »

No idea I just see it as being practical to be honest.

I'm not sure it is
You'd have to define what it meant -and then prove it. If the other person disagreed with the definition or denied it happening it could tie you both up in court for years and cost perhaps all your equity anyway.
If you have children a court could throw it out anyway as the children's home is the priority in a divorce.

If you go into marriage with an assumption that one of you might cheat -then you could be creating a self fulfilling prophecy anyway.

You probably need good legal advice on whether such an agreement would be enforceable and how to set it up.

Unless one or both of you has a history of cheating in committed relationships or is very insecure it sounds very odd though.

bryanb

If you BOTH commit adultery, please can I have the property?

Jagraf

Sounds to me as though you both think adultery is an easy thing to sort out. Good on you for your naivety and long may it continue (I mean that seriously).

Arina

is this a joke?! I'd slap my husband if he ever suggested this to me! Lol x

dpowell3

Generally if one person is putting in extra capitol then you just hold the property as tenants in common with unequal shares i.e. 70/30 and so on.

My concern is that you are even thinking of an 'infidelity clause' as you call it, I would seriously reconsider if you are ready to purchase a property if you are thinking that one or both of you would be unfaithful in the future.

If you are that concerned then seek independent legal advise, they will be able to draw up a deed of trust to protect your initial outlay.