DP and I are getting married next month. He has 2 kids aged 11 and 8 and I have 2 boys aged 6 and 4. We don't yet live together. We will be having a pre-nup at my request because there is a lot of equity in my house, which DP and his kids will move into at some point, and I earn significantly more than DP. I got badly burnt in my divorce last year (after my ex had an affair and left us) and spent 30k on solicitors and court proceedings trying to stay in the house so I want to do everything possible to protect myself and the boys and to have peace of mind if things to go wrong. My solicitor has told me that getting re-married is a big risk as pre-nups are not necessarily enforceable and my partner could make a claim on my assets, including on the house. Things are further complicated because my ex still has an interest in the house which is repayable if I do re-marry. That said, I love DP and I want to build a life with him, including by getting married. My solicitor has said that if I must re-marry then to keep everthing separate, i.e. do not let him take a share in the house unless he makes a capital contributions. This creates a couple of problems. First of all, we need capital to pay off my ex who could otherwise apply for an order for sale if we don't repay him. DP was going to sell his house and we would use the proceeds to re-pay my ex and give DP a commensurate share in the property going forward (which will only be around 4% in any event). In addition, DP does not want to pay rent to me and says if he is paying money to live somewhere he wants it to count towards something. My solicitor countered this by saying that DP would need to pay to live somewhere anyway. In addition, I am broke and have very little money to live in so it would make sense to let him pay a share (probably only a 1/3rd share ) of the mortgagae going forward and to split the bills with him. Everyone benefits as DP gets an investment interest plus a bigger property where his kids will get a room each and I start saving a lot on living costs as I really cannot continue the way things are now. The catch is that my solicitor says that I am crazy to give DP an interest in the house, legal or equitable. Who is right and what should I do to protect myself? Bottom line is that I want to stay in the house in the event we split and I want to leave my share of the equity to my kids, all of which is covered in the pre-nup. DP would pay in capital which would give him a 4% interest and pay 1/3rd of the mortgage going forward (I would keep all equity up to the point he starts paying then we split the share 2/3rds to 1/3rd.
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