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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34142
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello My partner and I have lived together for nine years

Customer Question

Hello
My partner and I have lived together for nine years and plan to marry next year. We live in a tied property connected to his job. I have a house which is currently let to tenants. The deeds and mortgage of this house is in my name only, I bought it 1998. I now need to re-mortgage the house. We have been told that we can get a better mortgage deal if he appears on the deeds. I can also re-mortgage (buy-to-let) the property as sole owner but on a higher interest rate. I have two questions at this stage - After we marry, should we ever divorce (and I really hope we don't!) will my 'husband' have an automatic claim on this property which is not the matrimonial home - we have never lived in the house together i.e. more of a claim than he has now as a co-habitation partner? If being married gives him an automatic claim, will it make any difference to the proportion of the house he could claim if I retain sole ownership or whether we become joint owners? There is no expectation that he will ever pay the mortgage or upkeep of the house as the rental income covers this and I have covered any voids in the past. Although my partner has never made any financial contribution to the house but he has helped with it in a practical way e.g.to paint it etc. He also earns more than I do and has supported me financially when necessary. Thanks!
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Does the rent that you receive cover the mortgage?
Clare
Customer: replied 3 years ago.

Hi Clare, yes it does. The rental income is £1200 per month. The current mortgage payments are very low on a tracker at £150 - this mortgage deal end in June, hence the need to re-mortgage. The joint owner mortgage we are looking at would be about £340 per month. If I remain sole owner the BTL mortgage will be about £460 per month.

Customer: replied 3 years ago.

Hi Clare


No pressure, just want to check you received my reply to your question?


Thanks,


Sarah

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Just for clarity - there is no requirement for your partner to help finance this property?
Clare
Customer: replied 3 years ago.

No. Not in any real sense that is to say. If we choose the mortgage deal with a better interest rate, we will need to show higher earnings to the building society, include his salary and include him on the deeds. But I can also choose a more expensive buy to let mortgage on my own, as a sole owner. Obviously the less expensive route including him on the deeds makes financial sense. I would like to know the implications of marriage and god forbid, divorce if he is on the deeds. I don't anticipate him ever having to finance the property by paying the mortgage. I hope this makes sense!

Expert:  Clare replied 3 years ago.
Hi
If he goes on the deeds prior to your wedding please ensure that there is a Declaration of Trust protecting your investment in the property.
Once you are married this has less force and you need to be aware that the fact that you have already lived together for nine years means that this is a medium length relationship and the court will take account of all the assets held by either or both of you
However where the asset was owned prior to the marriage and has always been kept separate to the other assets then the Court may well chose to disregard it - PROVIDED there are ample other assets from which the Reasonable needs of each party
With that in mind keeping it entirely separate would be safest - but an alternative would be to have a POST nuptial agreement signed after the marriage confirming that your husband will make no claim on that property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare


 


Thanks for your reply. The end of this paragraph was missing from your message, can you please let me know the full sentence/s.


 


'However where the asset was owned prior to the marriage and has always been kept separate to the other assets then the Court may well chose to disregard it - PROVIDED there are ample other assets from which the Reasonable needs of each party.....'

Expert:  Clare replied 3 years ago.
Hi
My profound apologies
The final words should be
"can be met"
Clare

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