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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I myself and my fiancee are due to get married next April.

Customer Question

Hi,
I myself and my fiancee are due to get married next April. After this we plan to buy a house. Currently we own our own individual properties which will both be sold to fund purchasing a new property. I have circa 100K equity in my property whilst she has circa 40k.
I am now self employed and whilst starting a new business my income is negligible so the new house purchase would be solely in my new wife's name as her income is enough to get the mortgage we desire to purchase the new property.
Whilst of course we enter our new marriage hoping "until death do part"... Where would i stand financially and legally if our marriage was to fail and she was the sole person named on the mortgage considering i would have contributed 100k to the deposit and also would have been giving her contributions to the mortgage repayment and up keep etc? (I have two children from a previous marriage but we have none together if this would affect anything in this scenario)
Thanks in advance
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
You will have matrimonial home rights in the new property after your marriage and the right to live there so long as you are married.
You will also have a financial claim on the property and in the event of a divorce the Family Court will take your contribution into account
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Ok, but would i be at a disadvantage not having my name on the mortgage/title... Providing we had no children what would be the likely split if we were to be divorced? 50/50 or would a court consider that i paid a larger contribution to the deposit?
Expert:  Clare replied 1 year ago.
No you would not be at a disadvantageWhat percentage you each receive will depend on the length of the cohabitation and a number of other factors - but the name on the deeds is not one of those factors,

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