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Prenuptial agreement before house purchase

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Without going into too much detail, me and my girlfriend are in the process of buying our first house. We also have a child together.

We have unequal deposits, and while I do trust her (obviously as we’re buying a house),I do want some protection just incase. Am I right in thinking it’s a prenuptial agreement I need? Or something else? Also how much would it cost to get whatever agreement I need written up?

Any help would be great,
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  • Soot2006
    Soot2006 Posts: 2,167 Forumite
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    Deed of trust.
    I can't remember how much ours cost, but we used a local solicitor for the purchase and he also sorted out that side of things.
  • vicki2221
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    Soot2006 wrote: »
    Deed of trust.
    I can't remember how much ours cost, but we used a local solicitor for the purchase and he also sorted out that side of things.

    Exactly, a deed of trust. I think it cost us around £150. And then you need to be Tenants in Common on the mortgage, not joint tenants
    Save £12k in 2018 #130 - £1200/£7,000
  • 00ec25
    00ec25 Posts: 9,123 Forumite
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    edited 18 November 2017 at 10:18PM
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    a pre-nup is irrelevant as you are not (apparently) nupted

    as said, you want legal agreements relating to property ownership options

    there are dozens of websites explaining your options, both as married and unmarried, the child's welfare will however take precedence, so proper legal advice also called for:

    https://www.gov.uk/joint-property-ownership

    http://www.deedoftrust.co.uk/index.php/guidance/hmrc-guidance

    https://www.rocketlawyer.co.uk/documents-and-forms/declaration-of-trust.rl#
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 18 November 2017 at 10:16PM
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    I nupt
    you nupt
    he she or it nupts
    we.... etc

    except that don't seem to be nuptated.

    I'm no nuptation expert, but in the event of a split, and legal dispute, would the child's welfare not be taken into account by a court, potentally resulting in mother & child keeping the property (or father and child) whatever the Deed said?

    I may be wrong.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
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    The boat on ‘I put in this and you put in that’ sailed when you had a child with her to be honest.

    I live the ‘I do trust her BUT I want to protect stuff just in case because actually I don’t...’
  • Red-Squirrel_2
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    You want to protect yourself from the mother of your child?

    Stable door and horse spring to mind!
  • dimbo61
    dimbo61 Posts: 13,720 Forumite
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    What you could do is take out an Offset mortgage and both put the same amount of equity into the property.
    You have an offset account with your savings and your partner has a savings account with her savings in.
    She could have the child benefit paid into her account or a separate junior isa for your child's university fees.
    If your/her mum and dad have any spare savings they could also help with a savings account ( in there name ) offsetting the mortgage.
    Check out YBS friends and family offset mortgages.
    What do you think ?
  • Tom99
    Tom99 Posts: 5,371 Forumite
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    [FONT=Verdana, sans-serif]As stated above a Deed of Trust is what you should have. This will set out how the net proceeds of a sale will be divided between you. You need to think careful about the formula you use, for example you may have unequal deposits but share the mortgage 50/50 so that need to be allowed for.[/FONT]
  • gettingtheresometime
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    You want to protect yourself from the mother of your child?

    Stable door and horse spring to mind!

    Not to mention he obviously trusts her as they're buying a house together........
  • youlaw
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    Another vote for the deed of trust. With this, you can state the ownership percentage or amount should you sell the house beforehand.

    If you want protection before you get married (should I say if) then a prenup is worth considering. Although they are not legally recognised in the UK, they are compelling evidence and you can get one drafted for a reasonably low price.

    But at the end fo the day, if you don't trust her, marriage might not be for you.
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