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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Dear sir/madam, thanks for your time. Myself and my wife are

Resolved Question:

Dear sir/madam, thanks for your time. Myself and my wife are buying a property together. My contribution to the deposit is nearly 100k and hers is short of 20k. I would like to consider going tenants in common rather than joint tenants.

Seeing as we are already married though, would that make any difference at all in case of an unfriendly divorce. Would "my share" or the property be protected if we go tenants in common, or would it be all the same in the eyes of the english law if we are married already?

To clarify, about half the cash assets I put together before our marriage and half after.

Thanks,

GS
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
The main difference would be if you were to pass away, your share under the tenancy in common would pass according to your Will and not go automatically to your spouse.

If you were to get divorced, the courts would have the final say over how the marital assets are to be split up, although the usual starting point is 50/50.

Hope this helps
Customer: replied 3 years ago.

Hello again & thanks very much for that - I understand the courts would ultimately decide, so is there in your view a way in law that allows to make a distinction in contributions when purchasing a propoerty while married which would stand in court? Especially if we consider that tenancy in common vs joint would not be final.


 


Thanks

Expert:  UKSolicitorJA replied 3 years ago.
I am afraid not as the hands of the courts may not be tied.

Had you not been married yet, you could have entered into a pre nuptial agreement which the courts could have considered but the courts would have the final say.

All the best

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