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Lawyer21
Lawyer21, CILEx Lawyer
Category: Law
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Experience:  CILEx Lawyer
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My partner is still married and so am I Assistant: What

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My partner is still married and so am I
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: I have but my husband hasn’t signed the divorce papers yet. We want to buy a house together he’s happy to put it in our joint name’s but he has 3 children and are not married he’s 66 if anything happens to him what will happen to the house ?
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: North Tyneside
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: What happens to the house ? If it’s paid for ?

Hi How can I help?

I need to ask you some questions to seek clarity here?

So your current partner is married and you are also married is that correct?

You have filed divorce papers and are waiting for your husband to sign them?

You and your current partner wish to buy a house together in joint names is that correct?

Customer: replied 12 days ago.
Yes x
Customer: replied 12 days ago.
Me and my partner are not going to be married xx we just want to live together x

Kindly bear with me thanks

Customer: replied 12 days ago.
No problem xx

If your partner was to die without leaving a will you would be entitled to inherit/his share. However, if there is a will he may wish for his children to be beneficiaries of the will and therefore after his death if you were to sell the property - they will want their share.

 

If you and your partner was to separate it would be a good idea to set up a cohabitation agreement which sets out the financial arrangements

Thank you

Customer: replied 12 days ago.
That’s cool thank you xx

I would be grateful if you could give me a positive rating by clicking on the above and press submit - I would appreciate it - thank you

Customer: replied 12 days ago.
So if we buy a house is it better to get it in my name alone?

This is one option.

If you buy in your name it means you own the property. You must also discuss your plans and then decide to draw up agreement and seek advice of a solicitor to help you with this. You can find a family solicitor: www.lawsociety.org.uk - find a solicitor - thank you

If you are not buying a property with your partner and instead they are simply moving into a property in your sole name, it may still be possible for your partner to claim a share of the value of the property even though their name is not on the title deeds.

 

However for him to claim a interest in the property, your partner would need to show that there was a common understanding/interest with you by doing some work/improvements to the property or paying for some work or improvements. As such they acquired a financial interest in the property. This is where the cohabitation agreement should come in to set out who is responsible for paying the bills and add a statement that your partner will not be gaining a financial interest in the property regardless of any work they do or any payments they make.

I hope this now answers your question.

Lawyer21 and 3 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Ok super xx

Your welcome!