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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34906
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I are about to get a deed of property for

Customer Question

Hi My partner and I are about to get a deed of property for the house we are buying together. When distributing the ownership, my partner is only taking into consideration the fund we initially brought for the mortgage so lets say all together we are bringing 50 pct of the mortgage value in cash and I am bringing 10 pct of those 50 pct he wants me to only get 10 pct of the property on the ownership of the house on the deed without taking into consideration my reimbursement capacity. Is that correct ? later on he would like to have a prenup mentioning that anything we put in to reimburse the mortgage has to be redistributed according to the sum we put each month each of us. ( he want to keep a spreadsheet with a record of our monthly payment to the bank that would show how much each of us put ) . We are not married yet and I would like to know if we could proceed like that in England and if it is a fair deal lets say.Also if we get married and have children and I stop working to be the main career for the family I wont be able to reimburse the mortgage every month. If we divorce after that, my ownership of the house will be only lets say 10 pct because this is what is stipulated in the deed of property ? Is it recognized here in England that being the main career for your children so your husband can work and shine on the corporate ladder is actually a form of unpaid work and should be taken into consideration in the case of a divorce ?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstHow much is the house worth, how much is the deposit and how much of that deposit are you each paying?
Customer: replied 2 years ago.
House price is 1,200,000 I am bringing 15 k he is bringing 450k so there is a massive difference. Mortgage will be on both our names.
Customer: replied 2 years ago.
I am just scared that if we have kids and I stop working , if in 10 years time he preferes to go with a younger lady , I will be basically on the street.
Expert:  Clare replied 2 years ago.
That is a reasonable concern.What he is suggesting with regard to the Declaration of Trust is not unreasonable given the fact that he is bringing so much more to the deposit.Of course if you shoudl be able to bring as much at a different date then you would want the Declaration revisited!However the position with regard to the pre-nup is not reasonable for the very reason you have pointed out - and if a prenup was signed that did not reflect that then he would find it very hard to persuade a family court to accept it as bindingPlease ask if you need further detailsfirst
Customer: replied 2 years ago.
So basically you are saying that a juge in England; if the prenup is unfair he can change the outcome of it and the prenup wont be bidding ? ( I am from Monaco originally and we dont have the same law over there but we should get married here in England) . What worries me is that at the moment my partner is kind of take it or leave it for the prenup ( if leave it we dont get married ..)
Expert:  Clare replied 2 years ago.
Yes if the judge does not believe the pre-nup adequately deals with the needs of the spouse and any children they can ignore it