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    • Type 45
    • By Type 45 30th Dec 19, 8:52 PM
    • 153Posts
    • 22Thanks
    Type 45
    Entitled to a share of marital home?
    • #1
    • 30th Dec 19, 8:52 PM
    Entitled to a share of marital home? 30th Dec 19 at 8:52 PM
    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)?
Page 3
    • Type 45
    • By Type 45 15th Jan 20, 3:06 PM
    • 153 Posts
    • 22 Thanks
    Type 45
    Surely you(r friend) have discussed these details?
    Originally posted by Pollycat
    It's almost certainly going to be just the woman's name on the deeds. But with some sort of agreement that the man has a stake in the marital house. That's as far as they've discussed at this point. All bills will be shared once they move in.
    • Comms69
    • By Comms69 15th Jan 20, 3:41 PM
    • 10,424 Posts
    • 12,607 Thanks
    Comms69
    It's almost certainly going to be just the woman's name on the deeds. But with some sort of agreement that the man has a stake in the marital house. That's as far as they've discussed at this point. All bills will be shared once they move in.
    Originally posted by Type 45
    If theyre married then it's pointless having such an agreement.

    I really dont see what's so complicated by this situation.
    • Accountant_Kerry
    • By Accountant_Kerry 15th Jan 20, 5:47 PM
    • 442 Posts
    • 621 Thanks
    Accountant_Kerry
    If theyre married then it's pointless having such an agreement.

    I really dont see what's so complicated by this situation.
    Originally posted by Comms69
    Totally agree, you cant override the law, law dictates you are in effect pooling assets whether you like it or not, if a short marriage then in divorce the aim is to put you back where you started so to speak a longer marriage is based on kids, lifestyle, fair etc etc.

    If you dont want to share all your assets dont get married, its pretty simple
    • Malthusian
    • By Malthusian 16th Jan 20, 11:41 AM
    • 7,387 Posts
    • 11,860 Thanks
    Malthusian
    I really dont see what's so complicated by this situation.
    Originally posted by Comms69
    They want to get married but they don't want to get married. (It's mostly the future wife who doesn't want to be a wife, by the sound of it.) This can be achieved by signing magic pieces of paper. Anyone who says it won't work is wrong because they haven't understood that their magic piece of paper is magic.

    The OP's question in post #1 has been comprehensively answered but it turns out they still aren't interested in what the answer is.
    • Type 45
    • By Type 45 17th Jan 20, 10:51 AM
    • 153 Posts
    • 22 Thanks
    Type 45
    They want to get married but they don't want to get married. (It's mostly the future wife who doesn't want to be a wife, by the sound of it.) This can be achieved by signing magic pieces of paper. Anyone who says it won't work is wrong because they haven't understood that their magic piece of paper is magic.

    The OP's question in post #1 has been comprehensively answered but it turns out they still aren't interested in what the answer is.
    Originally posted by Malthusian

    Yes I think it has. If there's a marriage then it's a shared marital property. And a pre-nup stating otherwise can be contested.

    What if they don't get married though. The woman buys the house herself but they share the bills and upkeep? I am guessing that there would be a 'beneficial interest' claim by the man, but that his percentage stake would be a matter for the court?
    • Comms69
    • By Comms69 17th Jan 20, 2:11 PM
    • 10,424 Posts
    • 12,607 Thanks
    Comms69
    Yes I think it has. If there's a marriage then it's a shared marital property. And a pre-nup stating otherwise can be contested.

    What if they don't get married though. The woman buys the house herself but they share the bills and upkeep? I am guessing that there would be a 'beneficial interest' claim by the man, but that his percentage stake would be a matter for the court?
    Originally posted by Type 45
    As long as there is no investment in the property - paying for mortgage, repairs or upgrades, there is no beneficial interest - basically.
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