Partner not on mortgage - implications of them giving an overpayment?

tek-monkey

My OH moved in during lockdown, she was trying to buy a place at the time.  She now wants to put her deposit into my mortgage, but due to her current employment status and not being a UK national we want to wait til married to put her on the mortgage.  So we're in a position to overpay 20% of the mortgage (max allowed without fees).

As she won't be on the mortgage, and my mortgage company want the money to come from my bank account, what is the best way to make an agreement that says she gifted me x% of the current property value and therefore should the worst happen I owe her that?  I know it's being pessimistic but we're way past our twenties and have both been through the mill a few times!  I just want something that ensures with no animosity that we agree that I would pay her back an agreed portion of the house value at the time we split up should it happen.

Is this something I need a solicitor for?  Can a bank 'witness' it when moving the money?

K_S

@tek-monkey If your OH wants something that she can hold you to, then I would imagine this is one for a solicitor.

jimmyjammy001

https://www.google.com/amp/s/www.dailymail.co.uk/news/article-9038463/amp/Businesswoman-49-loses-court-fight-half-ex-boyfriends-house-paying-mortgage.html

I'll just leave this here.... 

Thrugelmir

Legally it's very difficult. As a second charge would be required against the property. For this the lender has to give approval. (As it's in the contratual terms on which the mortgage was granted). 

Bottom line it's a matter of trust until such time as your partner can be added to the mortgage.