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Prporty and relationships prenups?

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josadler7 | 14:40 Tue 25th Jan 2011 | Law
7 Answers
Hi
Please can you help? My girlfriend/partner is just about to move into my house (I own it outright) and I am concerned that should the relationship turn sour she may be able to claim 50% of house. Having been through a divorce where my ex wife made a claim for 50% of everything (settled with a lump sum payment) I don’t want to go through the same again. My girlfriend is in negative equity on her flat (circa £5k) I love my girlfriend very much and have no reason to suspect that she is a gold digger.
Can anyone recount a similar circumstance and are pre-nuptials agreements worth pursuing?
Thanks
Joe
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Whilst everything is rosy now, if (god forbid) you separate, she may try and claim. My suggestion would be to have a document drawn up stating that the property is yours and yours alone and any contributions she makes to the joint finances will not give her a beneficial interest in the property.

Ordinarily, contributions to daily living expenses will not...
16:15 Tue 25th Jan 2011
If you are not getting married, having children or putting her name on the deeds or mortgage, then I can't see how she'd be entitled to anything. Pre-nuptials relate to agreements made before marriage.
You don't need a pre - nup. It's your house...Even if you get married I don't think she can claim anything that belonged to you beforehand.
You own the property outright which I take it means no mortgage or rent to pay, therefore she will not meed to contribute but she will still need to pay her way of course, she will be saving her mortgage payments once her flat sells and so you should expect her to be 50 50 on your joint bills, but that is to her advantage and she will not be entitled to any part of your home if you split as she will only be contributing yo the livin expenses not keeping the roof over your heads. She's moving in and being the one with the better deal and so she is probably very grateful for the chance.
Whilst everything is rosy now, if (god forbid) you separate, she may try and claim. My suggestion would be to have a document drawn up stating that the property is yours and yours alone and any contributions she makes to the joint finances will not give her a beneficial interest in the property.

Ordinarily, contributions to daily living expenses will not result in a beneficial interest. Unfortunately, I have seen cases exactly like this where the ex has claimed that promises were made and she relied on her detriment to those promises. Whilst ultimately she may be unsuccessful, it will cost you in the long run in having to fight it.

Me and the FH have a very simple agreement - his house is his and my house is mine. Any contributions I make (I am the only earner) do not entitle me to an interest in his property. Any money I spend on fixtures or permanent improvements stands as a debt in the case we split up, but I will seek no interest in his property.
Question Author
Thank you for your answers, should we have a child does that automatically mean she gets half/all of the house or can a pre-nup be setup so that in the event of split I wouldn't lose my home?
If you have a child, it complicates matters since the child's welfare (and providing him/her with a home is included in this) is paramount. Does not necessarily mean that she will automatically get half your house, but it could mean that the parent with care is housed until the child reaches majority.
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Thank you barmaid.

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