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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
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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We want to give our married daughter a significant amount of

Resolved Question:

We want to give our married daughter a significant amount of money to pay off part of her mortgage but we would like to protect her increased percentage ownership of the property should her relationship with her husband end. How can that be done? Thank you.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
How long have they lived together and are there any children involved?
Clare
Customer: replied 2 years ago.

Dear Clare


They married three years ago in June, but they have lived together for longer - perhaps seven years. They purchased a flat in London approximately 18 months ago for £380k. Our daughter (with our help) put in a deposit of £80k (£50k from us, £30k of her own money). They will re-mortgage in June this year, and we want to give her another £50k to reduce the mortgage (part of our inheritance tax planning), so she will have paid £130k of the original £380k purchase price. Her husband was not able to contribute to the deposit, but they share the mortgage payments. I understand that if they were "simply" cohabitating, then they could be "Tenants in Common", but I do not know if this applies to married couples.

There are no children at the moment, but they are planning on starting a family later this year/early next.

I should say that her husband is perfectly happy to sign some sort of document that would protect our daughters share of the property if they ever did split up.

Many thanks for your help.

Mervyn.

Expert:  Clare replied 2 years ago.
Hi
There are two options here
You could give the money as a Conditional gift - making it clear that it is repayable in the event of a separation - but this may cause problems with the Tax planning
The other option is for your daughter and her husband to sign a POST nuptial agreement whereby her husband acknowledges that he will not make any claim on the funds provided by you towards their family home.
This is the most effective way of achieving the result that you are looking for
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Many thanks Clare.



We would want to pursue the second option - the post-nuptial agreement.



Does the post-nuptial agreement have to refer to, and include only the funds we have given to our daughter, or can it simply state the total amount of money that she has put into the purchase of the house (i.e. the money that we have given her, plus the contribution from her savings?


Mervyn.

Expert:  Clare replied 2 years ago.
Hi
It can cover both - but it is more likely to be respected within any divorce proceedings if it is limited to the money that you gqve her.
However that is only an opinion!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33951
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you Clare.

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