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(2 Posts)
croatiamom Thu 08-Sep-16 10:58:52

After a rocky patch (DH EA) Im still in limbo whether or not to stay with DH. Whilst in the throws if finding out about the EA DH did say he would not take anything should we separate. The house is in my name only (he came to live with me 15 years ago) and he did say he would not claim on the house as it is DC's home etc... and he would never do that.

Should we stay together Im anxious about what could happen, Im thinking of drawing up a post nuptial agreement - been reading up that they are quite common in situations such as this or can the property be put in trust for DC perhaps?

Anyone any advice or have been through this?

babybarrister Thu 08-Sep-16 14:23:37

are you in England or Wales? if so, in the absence of independent legal advice and full disclosure that sort of comment is not going to be binding. equally, if you now transfer the property to your children in avoid to avoid a claim on it then you may find that the transfer will be set aside

the court will consider section 25 matrimonial causes act 1973 in all cases - if your needs are greater then it may be that you retain the property. another option is that you get to live in the property will your DC is an adult and it is sold thereafter

you need to seek some proper legal advice - Resolution has a list of specialist family lawyers or if you PM me indicating more or less where you are I can recommend someone

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