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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi I am married to my husband and we are about to buy a house,

Customer Question

Hi I am married to my husband and we are about to buy a house, we are both previously divorced and due to bad advice given to me the Mortgage on my previous marital home was not paid for 5 months... therefore I can not now join my husband on a mortgage. He will own the house in his own name, he has 2 children, 1 of whom is hostile, I have 3 children, what position would i be in if anything happened to my husband.... thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much will you be investing in the property?
Customer: replied 3 years ago.

Hi Clare, the house is 450,000 the mortgage will be 384,000 and the deposit is the difference which will be cash saved by us. My husband owns two businesses, both of which are in his and his brother's name not mine, Pete and I married last year Nov 2013, we have been together since 2010. I don't work, which is the way Pete wanted as then we can go away when we like etc without being tied to set working hours etc


Expert:  Clare replied 3 years ago.
Is it clearly intended that this is a joint venture in which you are both entitled to benefit equally
Customer: replied 3 years ago.

Yes I would say so, we are both married, we just want our own house, but as I can't get on the mortgage it will have to be Pete on his own, but yes it's a joint venture...

Expert:  Clare replied 3 years ago.
Since you are married you will have matrimonial home rights anyway - however for certainty it would be sensible to have a Declaration of Trust drawn up stating that your husband hold the property in trust for you in equal shares as Beneficial Joint Tenants
I hope that this is of assistance - please ask if you need further details