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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30620
Experience:  Over 5 years in practice
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I live with my partner of 8 years in my house which I own.

Customer Question

I live with my partner of 8 years in my house which I own. He earns approx 100 K per annum and a further £15000 pa from renting his own house. I have 2 pensions totaling £12000 P/A plus further income from employment of approx £8000 P/A although this is variable and set to reduce. My partner pays £300 a month towards the joint household bills which include my interest only mortgage and an additional £300 for food and household sundries. He has also contributed £20000 towards home improvements. He is not contributing anything towards my capital mortgage which will end in 3 years time . I will then have to either sell my home or move and take out a a buy to let mortgage to pay off the remaining £85000 capital. We have 3 grown up children each by previous marriages.
He wants us to get married, eventually selling both homes and buying a house with the proceeds, making wills that if one partner dies provision be made for the remaining partner to stay in our joint home until his or her death following which the house is divided equally between each of the 6 children.
I'm reluctant to do this as I am older than him and his children are younger. I am concerned therefore that my children may not realise any settlement until much later in life, if at all. Also, his children already stand to gain a great deal of money from both their mother's estate as well as my partner's substantial pensions and capital investment.
I want to keep my home and leave it in its entirety to my own children after my death and believe that as our income and assets are so disproportionate it would be fairer if he should buy any future joint home which would his children would then inherit on both our deaths.
Before I agree to marry I need to ensure that I am financially secure in the event of my partner dying before me or possible divorce.
My questions are
1. Should I insist on a Prenuptial agreement and if so how legally binding would this be?
2 What exactly should I be asking for? Is there a mathmatical formula for calculating a fair division of assets based on full financial disclosure from each partner?
3 If we split up would my partner/possible husband be able to claim back the sum he has contributed towards the current home improvements.
4 My partner has in the past tried to insist on his younger children living with us in my home. In the event of marriage has he or they any legal rights to do this? They are all adults
5 If we stay co-habiting would it be in my interests to have a legal agreement regarding our finances as outlined including our relative contributions towards the household costs.
I would like him to pay the rental money he receives for his own house towards my mortgage.
I would be grateful for any legal guidance you can give me on these issues.
Submitted: 2 years ago.
Category: Law
Expert:  ExperiencedLawyer replied 2 years ago.

My name is Mac. I can help you with your question. First I need a bit more information:

1. how old are your and his children?
2. what is the value of the house?
3. what is the total value of the other assets you and he hold (a total value rather than individual values is fine)?
4. does either of you have any pensions?


Expert:  ExperiencedLawyer replied 2 years ago.

I wondered whether you would like to give me the information above so that I can help you with your question?

Kind regards,

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