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    • Leasville
    • By Leasville 16th Apr 19, 12:33 PM
    • 4Posts
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    Leasville
    Married, but want to buy a house on my own
    • #1
    • 16th Apr 19, 12:33 PM
    Married, but want to buy a house on my own 16th Apr 19 at 12:33 PM
    Long story short, me and my other half have had a number of issues recently and may be about to separate. I want to buy a house on my own - my deposit and only me on the mortgage. Is there anything I can do to ensure that if me and my husband do split up that he cannot claim half of the house? We may end up staying together and if we do then great, the house may eventually be in both our names, but given that only I will be paying for it, I want to protect it.

    Thanks in advance!
Page 1
    • Browntoa
    • By Browntoa 16th Apr 19, 12:36 PM
    • 34,806 Posts
    • 40,840 Thanks
    Browntoa
    • #2
    • 16th Apr 19, 12:36 PM
    • #2
    • 16th Apr 19, 12:36 PM
    Do you currently rent a property together or joint mortgage?
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's , Boost your income and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • Leasville
    • By Leasville 16th Apr 19, 12:45 PM
    • 4 Posts
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    Leasville
    • #3
    • 16th Apr 19, 12:45 PM
    • #3
    • 16th Apr 19, 12:45 PM
    We rent a house together.
    • TBagpuss
    • By TBagpuss 16th Apr 19, 12:48 PM
    • 7,223 Posts
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    TBagpuss
    • #4
    • 16th Apr 19, 12:48 PM
    • #4
    • 16th Apr 19, 12:48 PM
    It depends a bit. You could have a post-nuptial agreement which is a formal agreement with your husband which explicitly states that he will have no claim on the property if you separste.
    Obvuiously this is only an option if he would cooperate.

    If he won't, then it is much more risky, and you may be better to wait and make a decision about the future of your marriage, first, then buy a house.
    • Leasville
    • By Leasville 16th Apr 19, 12:59 PM
    • 4 Posts
    • 0 Thanks
    Leasville
    • #5
    • 16th Apr 19, 12:59 PM
    • #5
    • 16th Apr 19, 12:59 PM
    I haven’t spoken to him about it yet as I want to know where I stand on my own first, but to be honest I think he would be cooperative about it. He’s quite proud when it comes to money and I don’t think he’d be the kind of person to try and claim something that he knows is not his, even if we did have a bad breakup, but obviously I can’t risk £80k on an assumption!
    • Slinky
    • By Slinky 16th Apr 19, 1:48 PM
    • 5,888 Posts
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    Slinky
    • #6
    • 16th Apr 19, 1:48 PM
    • #6
    • 16th Apr 19, 1:48 PM
    Depending on how long you've been married, in the eyes of the law that £80K may belong to both of you equally.
    • AdrianC
    • By AdrianC 16th Apr 19, 2:00 PM
    • 21,875 Posts
    • 20,600 Thanks
    AdrianC
    • #7
    • 16th Apr 19, 2:00 PM
    • #7
    • 16th Apr 19, 2:00 PM
    How the house - or, indeed, any assets - are treated in the divorce isn't down to how they're bought or registered. It's down to how the two of you treat each other when it comes to the financial settlement.

    It doesn't make any difference if it's "a house that you put £50k equity into" or "£50k cash in an account".
    • oozle1989
    • By oozle1989 16th Apr 19, 2:03 PM
    • 259 Posts
    • 292 Thanks
    oozle1989
    • #8
    • 16th Apr 19, 2:03 PM
    • #8
    • 16th Apr 19, 2:03 PM
    It sounds like you're going through a difficult time in your relationship and personally I would advise you to sort through those issues before you start adding the stress of house buying into the mix.

    If you do end up separating, then you can carry on and buy your own house for yourself, no problem.

    If you end up staying together you can go on and buy a house together with a deed of trust in place to agree in writing who is contributing what.
    • Leasville
    • By Leasville 16th Apr 19, 2:05 PM
    • 4 Posts
    • 0 Thanks
    Leasville
    • #9
    • 16th Apr 19, 2:05 PM
    • #9
    • 16th Apr 19, 2:05 PM
    We’ve been married just over a year
    • Soundgirlrocks
    • By Soundgirlrocks 16th Apr 19, 2:38 PM
    • 618 Posts
    • 932 Thanks
    Soundgirlrocks
    Anything under 5 years is generally treated as a short marriage and the courts look to put both parties back in the position they were in before the marriage provided there are no children involved. However it isn't guaranteed
    • macman
    • By macman 16th Apr 19, 2:46 PM
    • 43,248 Posts
    • 18,421 Thanks
    macman
    Why don't you simply rent until you have resolved your marital situation one way or the other? The starting point for any financial settlement is that the joint assets are divisible by 2, but many other factors then come into play.
    I don't understand why you would, at this time, contemplate buying a house in joint names but which you have paid for yourself?
    No free lunch, and no free laptop
    • foxy-stoat
    • By foxy-stoat 16th Apr 19, 2:51 PM
    • 3,983 Posts
    • 2,317 Thanks
    foxy-stoat
    I havenít spoken to him about it yet as I want to know where I stand on my own first, but to be honest I think he would be cooperative about it. Heís quite proud when it comes to money and I donít think heíd be the kind of person to try and claim something that he knows is not his, even if we did have a bad breakup, but obviously I canít risk £80k on an assumption!
    Originally posted by Leasville
    Where is the £80,000 at the moment?
    • Slithery
    • By Slithery 16th Apr 19, 6:57 PM
    • 1,458 Posts
    • 2,280 Thanks
    Slithery
    Divorce before you buy.

    If you decide to get back together later down the line then make further arrangements.
    • Annisele
    • By Annisele 16th Apr 19, 8:23 PM
    • 4,314 Posts
    • 4,492 Thanks
    Annisele
    We may end up staying together and if we do then great, the house may eventually be in both our names, but given that only I will be paying for it, I want to protect it.
    Originally posted by Leasville
    I know you've asked about the finances rather than your relationship, but if you've any hopes of saving your marriage I think you should be very wary about buying a house on your own now.
    Even if the financial part goes fine, if you and your partner do stay together then the house will always be "the house that Leasville bought on their own whilst we were separated". If I was in your partner's shoes, I think I'd really struggle to ever see it as my own home. And if I had any hopes of saving the marriage, I'd be upset that my spouse made such a huge financial decision without consulting me.
    • steampowered
    • By steampowered 16th Apr 19, 8:29 PM
    • 3,132 Posts
    • 3,156 Thanks
    steampowered
    If it has been a short marriage, and you have kept your financial affairs separate, and you bought the house with your own money - then I think it is very unlikely that he could claim a share of the house.

    But you might want to wait just to be safe.
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