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Protecting a gifted deposit from a separation settlement

Dear All
My wife and I are giving our son a significant amount of money towards the purchase of a flat.  Thinking ahead, if my son was in a relationship that ended is there any way we could prevent our gift forming part of a separation settlement?
Thank you
Black_Monk

Comments

  • Keep_pedalling
    Keep_pedalling Posts: 21,005 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    No, but unless he married and some years later divorced this is unlikely to be an issue. If he later purchased a bigger place jointly with a partner then they could draw up a deed of trust splitting ownership based on the contribution of each of them.

    The thing about gifts is that they are absolute and once gifted you no longer have any say in what happens to the money.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If it is a gift it is your son that need to put protection in place not you.

    There are options through a few lenders to keep control of the money and still have a mortgage for the rest.



  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    As above - if it is a gift, then it's no longer yours and it would up toto your son to plan ahead in this way.

    You can of course have a general conversation with him about he importnace of having a declaration or trust if he buys a property with another person nd they make unequsal contributions to the deposit, and the benefits of a cohabitation agreement or pre-nup if he moves in with another person or makes plans to marry. 

    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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