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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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I own three houses - two buy-to-let and one residential. Their

Resolved Question:

I own three houses - two buy-to-let and one residential. Their total value is around 900k with equity around 500k. My girlfriend currently lives with me with an agreement that she only pays towards food and bills, not the mortgage. She has no assets of her own. We are considering having a family and I wish to protect my assets.
1. Am I better to get married with with a pre-marital contract covering my assets, or
2. Have children without getting married?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
If yu get married your partner will automatically have a claim on your assets which will get stronger the longer you are together.
A properly constructed Pre-nuptial agreement where there is full financial disclosure; both parties have separate legal advice and it is signed at least 28 days prior to the wedding may well protect the bulk of your assets provided proper provision is made for your wife and children.
If you do not marry but do have children then you will be liable to house and support the children until they are 18 at which point any property involved is likely to revert back to you
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thanks Clare, that's helpful. Just to clarify, am I correct in understanding that if we remain unmarried but have children there is no automatic claim over my assets other than for the purposes of housing and support of my partner and children until they are aged 18? Also, in the absence of children, and where my partner has not made a direct contribution to the mortgage, are there any circumstances under which she would have any claim on the property that we occupy?

Expert:  Clare replied 2 years ago.
Hi
If you remain unmarried the only claim relates to the housing of the children until the youngest is 18 (or 21 at most)
In the absence of children then provided she makes no financial pr physical contribution to the structural value of the property (and you make no promises to her about her owning the property with you) then she will have no claim
Clare
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