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familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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Im getting married and the mortgage is in my name. There is

Customer Question

Im getting married and the mortgage is in my name. There is quite a lot of equity in the house and I want to protect it up to the point we are married.
If we did split up would my husband entitled to half the equity I had before we met?
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I will be able to help you with your question. First I need a bit more information:

- did you purchase the house in your sole name without any financial help from your fiancee?
- have you and he discussed the ownership of the house yet?
- roughly what is the equity in the house?
- and the sale value?
Customer: replied 4 years ago.

I purchased the house 6 yrs ago before I met him and he has lived with me for a year paying rent.

The house is going to stay in my name and there is approx 80, 000 equity with a market value of 200, 000

Expert:  familylawexpert replied 4 years ago.

If you don't take any precautions beforehand, whether your husband was entitled to half of the total equity in the house, including your pre-marital wealth, would depend on the length of the marriage, but as the asset at risk would be the family home, there is a much greater chance of him being entitled to a full half.

You definitely need a pre-nuptial agreement. Such an agreement can provide for any arrangement you agree, but typically I would see a pre-nuptial agreement in those circumstances providing that the first £80k of the house would be yours, and the balance would be divided equally.

That said, the agreement could say anything the two of you wanted, so you could try to agree that you should keep a greater share if you wanted to try and get him to agree that.

You can do a pre-nuptial agreement online, but generally I would recommend that someone instructs a solicitor to do it for them. You'll only know whether the pre-nuptial agreement is done properly if /when you need to rely upon it, at which point it will be too late to put it right if you've made a mistake.

You can find specialised family lawyers on the internet by accessing the website of their professional organisation, Resolution.

I hope that is helpful. If you would like me to clarify anything, please ask. If not, I would be grateful if you could rate my answer.