My husband and I are buying a house finally (unoccupied, no need to move until after lockdown as our current lease doesn't expire until October) for cash. We have a shared bank account for household expenses, but separate bank accounts/ISAs/investments. 60% of the money for the house is from my husband's named accounts and 40% is from mine. I assumed we would have a joint tenancy, but he has just said he would rather have a tenancy in common with a percentage interest in the property of 60/40 to reflect our respective investments, with wills to state that we would inherit the other's share. He has said that if we were to divorce, that it's only fair that we only get the percentage we put in upon selling the house or if one of us buys the other out.
I am honestly a little shocked and I'm not sure how to feel about this. Just as a bit of background
-we've been married nearly 15 years
-90% or more of the money we both have has been earned during our marriage (no inheritances or anything like that)
-we both work full time. For most of the first half of our marriage he earned twice as much as me, but I've nearly caught up now
-No living children. Our daughter died at 18 months old near the beginning of our marriage and we were never able to have more children.
-He saves more than me each month, but I pay for almost all of the household expenses, bills, subscriptions, holidays, and council tax (we split the rent). This has always been the case even when I earned much less than he did. I never thought twice about it because I thought he was saving for us, not for himself.
I think I assumed that legally, money earned during the marriage was 'matrimonial assets' (or something similar) but I've been consulting google and there seems to be conflicting information.
So I guess my question has two parts - is this even legal, and would it stand up if we divorced? Not just the house - but our pensions, savings, etc (he has twice as much in savings and investments as I do) And on a non-legal basis, is this normal for married couples who are buying a home together?