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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My mother is thinking of helping us to buy a house by giving

Resolved Question:

My mother is thinking of helping us to buy a house by giving us a chunk of her pension. She wishes in return for us to send her a replacement income each month for the duration we have the house. She is worried that if my husband and I get divorced in the future she would lose that income. She also worries that he would be entitled to her money in a divorce settlement. Is there anything legal my husband can sign to say that he doesn't want any of her money in such a scenario?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWould you say that it is a former loan?
Customer: replied 1 year ago.
It is savings that she sees as being a pension but not through a formal pension scheme. She hasn't given it to us yet and I guess it would legally be a gift rather than a loan.
Customer: replied 1 year ago.
Or do you mean a personal loan between family members?
Expert:  Clare replied 1 year ago.
Yes that was what I was thinking it could be treated as - would that be acceptable
Customer: replied 1 year ago.
Yes it's a possibility if that makes a difference legally
Expert:  Clare replied 1 year ago.
If it was a loan - repayable in instalments - then there could either be a Charge against the property - or simply a signed agreement confirming the terms of repayment which would be binding in the event of a divorceI hope that this is of assistance - please ask if you need further details
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