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Ask Harris Your Own Question
Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2734
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my partner recently put in mortgage, I got

Resolved Question:

Hi
Me and my partner recently put in for a mortgage, I got rejected due to my credit report being low.
My partner has gone ahead with the mortgage anyway.
Is there anything or any possible way I can get my name on anything?
It's really affecting me mentally..Im just thinking of the worst case scenario.
If you could get back to Me I'd be grateful
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Please confirm if you are married to your partner?
Customer: replied 1 year ago.
No were not married.
We are both in a same sex relationship, our plan is to get married in the future but I don't want to do that just because I have to if you know what I meen.
I have been with her for 4 years I know that doesn't meen anything well I don't think it does.
Expert:  Harris replied 1 year ago.
Thanks for the further information. If the mortgage is to be in your partner's sole name, then it is unlikely that you will be able to be added to the title of the property. What I would suggest you pursue is to have a deed of trust prepared that outlines your interests in the property and what contributions you each make during the time you are unmarried. In the event of separation, you can rely on the deed of trust to obtain a share of the property. In the event that there is no formal agreement or deed of trust, then in the event of separation if you remain unmarried, you do not have an automatic claim towards the property. You would be able to pursue a court application, during which you will need to demonstrate what both your intentions were regarding the property and any split, but this will be costly and difficult if there is no deed of trust or formal agreement.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Customer: replied 1 year ago.
So would anything change of we did get married?
Thanks
Expert:  Harris replied 1 year ago.
If you married, then upon divorce the court will consider both of your full asset positions, and the following criteria when deciding on how assets should be divided between you. It is still not an automatic entitlement and the court will consider all the facts of the case along with the criteria when deciding on a financial settlement. The criteria is: The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would, in the opinion of the Court, be reasonable to expect a party to the marriage to take steps to acquire;The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;The standard of living enjoyed by the family before the breakdown of the marriage;The age of each party to the marriage and the duration of the marriage;Any physical or mental disability of either of the parties to the marriage;The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;The conduct of each of the parties, if that conduct is such that it would, in the opinion of the Court, be inequitable to disregard it;In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring (e.g. a right to your husband’s pensions).
Expert:  Harris replied 1 year ago.
If you married, then upon divorce the court will consider both of your full asset positions, and the following criteria when deciding on how assets should be divided between you. It is still not an automatic entitlement and the court will consider all the facts of the case along with the criteria when deciding on a financial settlement.Please provide a positive rating if you found this information helpful. I will not be credited with answering this question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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