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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1469
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I want to move in with my partner; but he's understandably

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Hi, I want to move in with my partner; but he's understandably concerned owing to the fact his last partner got half of his assets despite not paying anything towards the house. I've suggested a prenup; but I'm not sure if we could get this given the fact he's dragging his heels over proposing (lol!). Also, I'm not sure how we'd go about getting one. Can you please advise me what steps I should take? Many thanks. Kim.
Good Morning Kim
Welcome to Just Answer
I am a Solicitor and will assist you.
If it's your partners house that he is concerned about - and you move in and remain unmarried - then you won't automatically have a share in the property. You would only have a claim in respect of the property if you became a joint owner of the property or ( if you didn't become a joint owner ) to have a claim under the Trust of Land Act you did one / more of the following: paid a deposit, paid towards the mortgage or you added value to the property through renovation / redecoration.
You could also consider a co-habitation agreement setting out the terms by which you would live together.
If you did marry then your partners assets would become matrimonial property and should you divorce then you would be able to make a claim in respect of the same.
You could consider a Pre Nup although they are not technically legally binding on a Court - Judges will often now order in the same terms if a process of full and frank disclosure (exchange of information in respect of all assets and liabilities) had taken place before the Pre Nup was signed. Judges also want to see that independent legal advice was signed in respect of the Pre Nup and it's terms. If the marriage becomes a lengthy marriage and / or children are born then a Judge might still consider that a Pre Nup is unfair and make another order.
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