Keeping Assets (New House Purchase) Separated After Marriage

HouseBuyerAnon99

Hi,
I have been married to my partner for 3 years and i'm very happy with how it's going so far. We are currently living with my partner's in-laws since getting married, and have been saving for a house deposit and paying off debts during this time.

I have recently ramped up my savings and I'm at the point where I would like to move out and buy a house. My partner is not currently working, so I have based all mortgage calculations,etc. on my own salary and own deposit money saved (so nothing to do with my partner). I believe based on the mortgage in principles I've been given that I have enough to get a house I (we!) would like to live in.

My partner has witnessed many in their family going through arguments and pain when their relationships have broken down. This has left a lasting impression and my partner has told me that they don't want to buy together. Their idea is to buy separately, and keep the houses as separate assets. This has come as a bit of a shock but I understand and I'm happy to do this if it is what my partner wants. I've offered other options (e.g. we pay half the deposit each, take an equal share in the house, and I pay 100% of the mortgage - which I feel is quite generous) but my partner is insistent that we keep things as separate as possible.

My question is - What methods are available to keep our future assets as separated as possible? We can narrow this down to houses if necessary. From a quick search, it looks like a postnuptial agreement is most suitable (we also live in Scotland which helps from my understanding). An alternative might be a declaration of trust - but this might be unenforceable in the long term?

What I'm trying to avoid is paying all the deposit, all the mortgage, and then in a few years my partner divorces me and takes half.

Appreciate any input!

unforeseen

What methods are available to keep our future assets as separated as possible? 

Get a divorce now and then buy your house and don't let your (ex) partner live with you. Being classed as a short term marriage your partner will have no claim on your money or subsequent house. 
That is the only surefire way of keeping assets seperate

 We are currently living with my partner's in-laws since getting married

You mean YOUR parents? 

Keep_pedalling

Why would a married couple purchase separate houses? Only one of them can be treated as your primary residence so in the future capital gains tax may be an issue and you will pay additional stamp duty on the second home.

It is perfectly possible to jointly own a single property in unequal shares you just need a deed of trust put in place. A deed of trust or a prenup won't be much use if you divorce in a few years time especially if you have had children by then.

HampshireH

Sounds very strange.

My partner and I have seperate bank accounts but we buy big things together. Thats marriage.

I don't really understand your partners POV.

They currently arent working so can't buy a house.  Seemingly has no intention to anytime soon but will happily live in one you buy and pay for 100%?

Interesting dynamic.....

I think you need to have a proper chat with your partner. He shouldn't be making decisions on your relationship based on experiences of people he knows. Unless of course there are issues or whatever that are undisclosed here to give your partner a reason tl take that approach.

Wouldn't work for me. Will you be expected to also pay for all upgrades and maintenance?

onwards&upwards

Er, you've been married 3 years and now your spouse is worried about getting too closely entangled?  Really?

Did they understand what marriage actually was, or listen to the vows?

Keep_pedalling

I am also confused by the OP saying that it is their spouse who has the concerns but ends by saying, that they they don’t want to pay 100% and then loose half if they divorce. 

pphillips

I think it would be worthwhile seeing a solicitor who can explain what your options are and the costs involved.

comeandgo

If you are married, then go for divorce all assets from both parties are looked at for financial split, regardless of the name of ownership.  

unholyangel

Point out to your spouse that even if buying seperately, the courts would still consider both as marital assets (assuming you're in england or wales). Also, if they didn't want everything to be considered an asset of the marriage, they shouldn't have married. The horse has not only already bolted, but is already across the finish line and doing a victory lap. 

You could both sign an agreement now - setting out how things will be split in event of breakdown, but it wouldn't be binding on a court. They'd be free to disregard it - and would likely do so if circumstances were different to the time the agreement was made or if children were involved (as childrens needs take priority in divorce). 

I remember a story about a couple who married and divorced, then got remarried but lived in houses next door to each other - which apparently worked for them. I couldn't imagine doing it personally but as long as both are happy with it, each to their own. The issue for you OP is that it appears you & your spouse have very different ideas on the future of your marriage. I would say it's imperative you's discuss the future to ensure there is a middle ground you're both happy with.