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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 838
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I have told my daughter that I would give her a large sum of

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I have told my daughter that I would give her a large sum of money to buy a house. Her partner (they are not married) will put in approximately 10% of the house purchase price, and the remainder will come from me. The house will be approx. 90% in her name and approx. 10% in his. In the event that they split up, would her partner have more than a 10% claim on the house ? My daughter is going to make a will to leave any possessions to her daughter (my granddaughter). In the event of her death, would her partner automatically inherit her share of the house ?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Welcome to Just Answer
I am a Solicitor and will assist you.
Jointly owned property for unmarried couples can be held as either:
1) Joint Tenants - this presumes 50/50 ownership. The Right of survivorship applies - which means the share of the deceased joint owner passes to the other joint owner on death.
2) Tenants in common - no presumption of 50/50. Shares can be unequal. No right of survivorship applies.
Your daughter needs to be a tenant in common and a deed of trust should be prepared - solicitors will prepare for around £150.
Please note that if they later married then the property would become a matrimonial asset and the previous provisions re ownership would be overridden. A pre nuptial agreement could be considered - which although not technically legal binding - Judges are following the agreed terms if entered into with full disclosure and considered fair.
Also be aware that if they didn't marry but lived together 'as man and wife' for 2 years before a death then a claim could be made under Inheritance (provision for family and dependants ) Act - that reasonable provision hasn't been made for them.
Kind Regards
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Expert:  ukfamilysolicitor replied 1 year ago.
please kindly remember to rate positively - thank you
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