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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 11261
Experience:  I have been practising for 30 years.
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I am a young,widowed home owner, mortgage free, I have my

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Hi there, I am a young,widowed home owner, mortgage free, I have my own income through property I rent out now through inheriting from my loss.
I have a daughter.
I'm in a new relationship now, he lives with me we have a joint account for food/bills but I'm the home owner and I have investments.
Are my assets protected if his life goes wrong? He's self employed.
How do I protect myself without upsetting him? I don't ever want him to get into financial trouble and if come to be my problem?
I need to adjust my tax credits as he lives with me but I can't get an accurate income projection from him - I'm thinking I just need to dump that claim And just declare myself and not receive tax credits, be self sufficient as I'm not getting anything from him! If I do this tho I want my income /- assets to be protected. Very sad to think like this but I'm not getting much info / help from him, besides paying for what he uses... , so if I stay financially separate as I support myself & my daughter how to I protect myself should things go wrong?Thank you

Hello for clarification - is your daughter from this relationship?

how old is she?

how long have you been in this relationship?

does he pay anything towards the upkeep of the property?

Customer: replied 6 months ago.
She's 9 from my previous relationship father deceasedHe's been living with me since JanuaryJoint account only covers bills and food & council tax no maintenance yet

The way of protecting yourself and your family and your home is to get him to sign a cohabitation agreement whereby he agrees that he will not bring a claim against the property in the event you split up. It is absolutely essential that he takes legal advice on the effect of that agreement before signing.

If you think he’s going to be upset by the very thought that you should even suggest this, I would advise caution because anyone in circumstances like this, if they genuinely were thinking that they would never make a claim, quite readily enter into a cohabitation agreement.

It doesn’t matter what the financial arrangement is between you if you are cohabiting, you still have to declare it for benefit purposes.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 6 months ago.
Thank you I will definatley look into that, no plan to split, I'd like him to be guardian to my daughter one day but it could happen you never know! , more than splitting what if his business isn't great and he gets into financial trouble - if he's living at my home if the worst happens and he got into debt would my assets be SAFE? I'm really just risk assessing, I'm sure it'll never happen but I'm being cautious!

In respect of your assets and his creditors, don’t lose any sleep over that. They have no claim over any of your assets to pay for any of his debts. Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.

FES

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