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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am buying a house and putting down a deposit

Customer Question

Dear Sir
I am buying a house and putting down a deposit of £20k which I have saved myself. However, I am living in rented accommodation with my wife at present but we should be able to move to our new house in a few weeks time.
I don't quite trust my wife and feel the marriage may break down in future. As such, I want to protect the deposit money that I have put down. The solicitor dealing with my conveyancing is saying that I don't need any clause to be added to the Deeds. Rather than try later on to prove it, is it possible to add a clause to the house Deeds or have a separate declaration which basically says that I have down this deposit? Something similar to a 'second charge' on a house?
I would be grateful for your assistance.
Thank you.
Zamir
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you have clear evidence that this money comes from your personal resources alone?
How long have you and your wife lived together and are there any children involved?
Clare
Customer: replied 1 year ago.

I have put this money into my savings account from my earnings which come directly to my bank. We have been married for almost 2 years and lived with my wife's parents for about six months. Her parents made many problems and we were forced to move out. I am scared that if the marriage breaks down, they will take revenge and get my wife to get everything from me, even if it is not rightfully hers. We do not have any children yet.

I just want a clause or something in the deeds so that I can get my money without having to prove later on.

Thank you.

Zamir

Expert:  Clare replied 1 year ago.
Hi
I am afraid that this is not possible - and in any event would not help.
Within divorce proceedings the family court has wide powers to distribute the assets in any way they consider fair - no matter where the money came to start with.
The only way that you can protect it in any way is for you and your wife to sign a Post nuptial agreement confirming that you will receive the first £20,000 of the sale proceeds no matter what.
Please ask if you need further details
Clare
Customer: replied 1 year ago.

Thank you for the reply.

Could you please tell me if it is possible to place a second charge on the house for £20K which would be paid to me if the house was sold, after paying the mortgage amount to the first charge (the mortgage company)?

Thank you.

Zamir

Expert:  Clare replied 1 year ago.
Hi
No this is not possible - and would be of no use even if it was - the Family Court can simply ignore it
Clare
Customer: replied 1 year ago.

Thank you.

Could I finally ask you the following:

1. How do I do the Post nupital agreement?

2. Should I wait and do this after the conveyancing solicitor has settled

the transaction with the buying of the house?

Many thanks.

Zamir

Expert:  Clare replied 1 year ago.
Hi
You will have to see a solicitor and have the Agreement drawn up
Your wife will then have to see a separate solicitor to advise her on whether or not she should sign it.
She cannot be forced to do so
It does not matter when it is done
Clare
Customer: replied 1 year ago.

Dear Clare

Thank you very much for your advice. It has been quick, very useful and clear.

Kind regards

Zamir

Expert:  Clare replied 1 year ago.
HI
You are most welcome - I hope all goes well
Clare

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