Entitled to a share of marital home?
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I am wondering please if anyone knows what the rights would be in the following scenario:
- A man and woman, in their early 40s, are to wed
- They are expecting a child (neither has children yet)
- They are buying a house together to move into as a family
- The woman is from a wealthy family and will purchase the new house without the man's financial input
- Both will contribute to bills and upkeep of the house in a shared and equal manner
- it's unknown as yet as to whether both names are on the deeds, or just the woman's name
- it's also unknown as yet as to whether there is a mortgage and if so whose name the mortgage is in
- the couple will sign a pre-nup ensuring that should they divorce then they leave the relationship with what they came in with (as mentioned, the woman has family wealth and inheritence due in the future)
Question: in the above scenario, if the couple were to divorce, would the man be entitled to a share of the house? Would the woman have to buy the man's share (assuming he has a share at all)?
- A man and woman, in their early 40s, are to wed
- They are expecting a child (neither has children yet)
- They are buying a house together to move into as a family
- The woman is from a wealthy family and will purchase the new house without the man's financial input
- Both will contribute to bills and upkeep of the house in a shared and equal manner
- it's unknown as yet as to whether both names are on the deeds, or just the woman's name
- it's also unknown as yet as to whether there is a mortgage and if so whose name the mortgage is in
- the couple will sign a pre-nup ensuring that should they divorce then they leave the relationship with what they came in with (as mentioned, the woman has family wealth and inheritence due in the future)
Question: in the above scenario, if the couple were to divorce, would the man be entitled to a share of the house? Would the woman have to buy the man's share (assuming he has a share at all)?
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Comments
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Pre nups aren’t legally enforceable in the UK.
If they divorce, the child’s welfare will be top priority. How the finances are divided would depend on how long they were married.
If the woman doesn’t want to share, why is getting married to and having a child with the man?0 -
27/04/19Hi all,
I'm a single man in my early 40s. I have almost paid off my mortgage and I have a fair chunk of money in a S&S ISA. I am not rich, but I am comfortable and I want to stay that way and not lose what I have worked so hard for.
I would like to have another partner, and possibly also children. But I am first wanting to arm myself with all the facts about what a potential partner (or mother of my child/ren) may be able to claim.
I am therefore wondering if anyone knows what the laws are regarding the following scenarios (or any other scenarios you can think of which may realistically come to pass):
- I am assuming that if I get married then I have agreed to share whatever I own (except if I have a pre-nup, in which case I can leave the relationship with what I entered it with)?
- I am assuming that a partner can claim a % of my property if they have lived in it for a certain period or paid for renovations etc even if we aren't married? (I know someone this happened to). How do you co-habit but safeguard against this? Does having a child affect this in anyway (IE, if the relationship breaks down will a judge simply hand the house to the woman and child and tell me to go elsewhere?)
- What do people do to safeguard their property and investments?
This lack of knowledge prevents me from trusting people and for that reason I really need to understand what my rights are.
:beer:
19/11/19
TodayMy partner and I are in our early 40s. Non-smokers. Healthy. Not (much) overweight. Hardly ever drink. Trying for a baby, but accept it may not happen.
One of us has a small mortgage (£70K) on a £300k house. The other owns property outright. Savings of £50k and £100k respectively. One of us (sadly not me) in line for nice inheritence.
Do we need life assurance/insurance? (I have briefly read the difference between the two).
A quick search on price comparison sites leads me to believe it would be something like £80 a month to cover is both? But I'd need to confirm that as it was just a quick search.
:beer:I am wondering please if anyone knows what the rights would be in the following scenario:
- A man and woman, in their early 40s, are to wed
- They are expecting a child (neither has children yet)
- They are buying a house together to move into as a family
- The woman is from a wealthy family and will purchase the new house without the man's financial input
- Both will contribute to bills and upkeep of the house in a shared and equal manner
- it's unknown as yet as to whether both names are on the deeds, or just the woman's name
- it's also unknown as yet as to whether there is a mortgage and if so whose name the mortgage is in
- the couple will sign a pre-nup ensuring that should they divorce then they leave the relationship with what they came in with (as mentioned, the woman has family wealth and inheritence due in the future)
Question: in the above scenario, if the couple were to divorce, would the man be entitled to a share of the house? Would the woman have to buy the man's share (assuming he has a share at all)?
Blimey you're a fast worker with the ladies and so romantic
One minute you're single wanting to protect your house and money against all the lady golddiggers out there, and now you're nearly married with a child on the way and want to get your hands on your partner's money!!“You’re only here for a short visit.
Don’t hurry, don't worry and be sure to smell the flowers along the way.”Walter Hagen
365 Day 1p Challenge for 2021 #41 ✅
Jar £440.31/£667.95 and Bank £389.67/£667.950 -
Please don't ruin the thread, Miss Marple.
Sometimes when I ask for advice on here it isn't for my own benefit but for those I am trying to help. Does that need to be spelled out...0 -
Please don't ruin the thread, Miss Marple.
Sometimes when I ask for advice on here it isn't for my own benefit but for those I am trying to help. Does that need to be spelled out...
If you say so. Surely you got enough information about pre-nuptial agreements and protecting pre-marital assets in previous threads. Just because the genders have swapped doesn't mean that laws have suddenly changed.0 -
You seem to be helping out quite a few people with rare yet identical situations.Please don't ruin the thread, Miss Marple.
Sometimes when I ask for advice on here it isn't for my own benefit but for those I am trying to help. Does that need to be spelled out...
Either you are a professional, in which case what on Earth are you asking on here for, or you are asking about the same person, in which case why the subterfuge?
Edited to add, you’ve been asking this question for a while, do you actually have a partner that you are considering marriage with? It reads as though you want to know before even looking. Given your age, and given that you seem to want children, it seems as though you need to get on with it.
You don’t seem very well off, it is as likely as not that any partner will be with more than you anyway.0 -
Tell your "friend" that your "friend" should seek professional legal advice. It seems your "friend" has substantial assets and should protect them.
Good luck to your "friend"0 -
The easiest way to mitigate this risk is not get married. Co-habitation doesn't have anywhere near the same level of risk, a risk that many people don't understand when getting married, me included.Mar 24 - Mortgage Balance £249,794.45
Credit Card - £8,182.23 + £4,731.65
Goals: Mortgage Free by 2035, Give up full time work once Mortgage Free, Ensure I have a pension income of £20k per year from 20350 -
I am wondering please if anyone knows what the rights would be in the following scenario:
- A man and woman, in their early 40s, are to wed
- They are expecting a child (neither has children yet)
- They are buying a house together to move into as a family
- The woman is from a wealthy family and will purchase the new house without the man's financial input
- Both will contribute to bills and upkeep of the house in a shared and equal manner
- it's unknown as yet as to whether both names are on the deeds, or just the woman's name
- it's also unknown as yet as to whether there is a mortgage and if so whose name the mortgage is in
- the couple will sign a pre-nup ensuring that should they divorce then they leave the relationship with what they came in with (as mentioned, the woman has family wealth and inheritence due in the future)
Question: in the above scenario, if the couple were to divorce, would the man be entitled to a share of the house? Would the woman have to buy the man's share (assuming he has a share at all)?
Buying a house together. The woman will purchase the house without the man's financial input. It's unknown whether there will be a mortgage, and if there is, whose name it will be in.
Ok, so if they are buying a house together, that means between them. If the man is on the mortgage (if there is one), then obviously the woman is not buying the house without any financial input from the woman.
There are plenty of things that just don't add up here, and that's just in this post. When you add in the other posts, it really does not make sense.
School holidays anyone?0 -
I am wondering please if anyone knows what the rights would be in the following scenario:
- A man and woman, in their early 40s, are to wed
- They are expecting a child (neither has children yet)
- They are buying a house together to move into as a family
- The woman is from a wealthy family and will purchase the new house without the man's financial input
- Both will contribute to bills and upkeep of the house in a shared and equal manner
- it's unknown as yet as to whether both names are on the deeds, or just the woman's name
- it's also unknown as yet as to whether there is a mortgage and if so whose name the mortgage is in
- the couple will sign a pre-nup ensuring that should they divorce then they leave the relationship with what they came in with (as mentioned, the woman has family wealth and inheritence due in the future)
Question: in the above scenario, if the couple were to divorce, would the man be entitled to a share of the house? Would the woman have to buy the man's share (assuming he has a share at all)?
Maybe the OP should come back and ask again when the 'unknowns' are known.
Also factoring in the response re pre-nups.0 -
Accountant_Kerry wrote: »The easiest way to mitigate this risk is not get married. Co-habitation doesn't have anywhere near the same level of risk, a risk that many people don't understand when getting married, me included.
Not true. An ex-colleague of mine owned a house. Her partner moved in. They never married. But when they split up he got half the house. He apparently had done up the house in some way and so convinced the court that he was under the impression that he shared the house with her.
So your idea that not marrying is a silver bullet to keeping your possessions would seem to be misguided.0
This discussion has been closed.
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