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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 846
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Could you please advise on the following. I purchased a house a year ago in a run down

Customer Question

Could you please advise on the following.
I purchased a house a year ago in a run down state and have spent the last year refurbishing it. I am the sole owner, which is reflected in the title deed. I have had a girlfriend for the last seven years, and am considering living together with her in this house.
1. If we were to break up at a later date could she claim a share of the house?
2. Could she refuse to move out in the event of a breakup?
3. If she were to have a child could she claim a share of the house or be entitled to live there until the child becomes an adult?
Could you please advise on the following.
I purchased a house a year ago in a run down state and have spent the last year refurbishing it. I am the sole owner, which is reflected in the title deed. I have had a girlfriend for the last seven years, and am considering living together with her in this house.
1. If we were to break up at a later date could she claim a
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- do you have children together?
- are you planning to have children together in the future?
- any wedding plans?
- is your girlfriend likely to do any of the following: 1) pay a deposit, 2) contribute towards the mortgage 3) add value to the property through renovation / redecoration?
Kind Regards
Caroline
Customer: replied 1 year ago.
Hi Caroline,We do not have any children together. We are not currently thinking of getting married or having children at the moment.My girlfriend will not be paying a deposit, mortgage or doing any improvements to the property.Kind regards.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming this for me.
If your girlfriend doesn't 1) pay a deposit 2) pay towards mortgage or 3) renovate the property - and the property remains in your sole name - then your girlfriend will have no claim towards you property.
If you did not marry - but had kids - then your girlfriend could make an application under Schedule 1 of the Children Act for provision of property for your child. If the court made such an order - then this would only last until your children reached the age of majority - then the property would revert back to you.
If you married then your property would become a matrimonial asset - which could be claimed if you was to divorce. You could consider a pre nup - although these are not currently legal binding the courts are starting to follow the terms if 1) full disclosure takes place prior to signing 2) your girlfriend has the benefit of her own legal advice as to the terms and effect of the pre nup. Please also note that if the marriage was a long one and / or kids were born - a court may decide that a pre nup is not fair and order otherwise even if full disclosure has taken place and she had her own advice.
Kind Regards
Caroline
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Customer: replied 1 year ago.
Hi Caroline.Thank you for your response. One other thing, my longterm plan would be. Assuming all goes well with my girlfriend, would be to sell this current house, buy another property jointly with my girlfriend putting in equal deposits and using the left over cash from the sale of the current property to buy another property/properties as an investment in my sole name is ***** ***** of safeguarding these assets, in case the relationship broke down at a latter stage?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
If you were to buy a future property - and you are still not married - you should consider hold the property in joint names but as tenants in common - this will 'ring fence' the unequal contributions you are making. You should also create a deed of trust to confirm the position. A solicitor can prepare such a document for circa £150.
If you was to later marry then this would supersede the deed - do consider pre nup again.
Kind Regards
Caroline
Positive feedback is gratefully received
ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Caroline,Thanks so much for the information.Kind regards.
Expert:  ukfamilysolicitor replied 1 year ago.
You are very welcome
Kind Regards
Customer: replied 1 year ago.
Hi Caroline,
To follow on from yesterday, I would like to clarify things a little bit more.
If I were to keep the house that I already own in my sole name and possibly rent it out. Buy another property jointly with my girlfriend putting in equal deposits and splitting the mortgage payment, so if a breakup happened we could just split the finances equally. A little while after buying the joint property with my girlfriend I would then look to buy a few properties as an investment but put them in my sole name without my girlfriend contributing financially to the deposit or mortgage payment. Is there anyway I can safeguard these investments if a break up were to happen or any children came along. For instance could I put the properties into someone else's name? Many Thanks.
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning
Yes - if you didn't marry and didn't have kids - bought a new property equally - then this would be split equally if you separated. Your current property and any future properties would remain yours and your girlfriend would have no claim if she has contributed or renovated and if you don't have kids and don't remarry.
I am sorry to say that putting any further properties in someone else's name with a view to defeating a claim should you marry or have kids will not help you. The court can look behind this.
Kind Regards
Caroline
Customer: replied 1 year ago.
Thank you for the information.Kind regards.
Expert:  ukfamilysolicitor replied 1 year ago.
Your very welcome
Kind Regards

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