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Legal matters

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Original poster

deed of trust re house purchase when non married

22 replies

OnlyWantsOne · 08/04/2015 15:16

We have all ready exchanged. Completion is next week.

Dp has had a deed of trust drawn up because
I am not on the mortgage (less than great credit history)
Not on the new property deeds (due to not being on the mortgage)

We have been together 8 years. Using the sale of his house as deposit - which we have rented out & for a time lived in during that time.

I am self employed we have 3 children together

Should I sign this deed of trust (should we sell the house / separate proceeds would be split 70/30 in his favour)

Or, for example we live there for 10 years and then separate, I would be entitled to more than 30%? If I sign this, will it cap my entitlement to ask for more in a settlement?

I am seeing a solicitor on Friday but wanted to ask am I being unreasonable?

OP posts:

straighttothepoint · 08/04/2015 15:35

On the assumption money is pooled for food, bills etc, the deed of trust should reflect what deposit your dh has put in, i.e. 70:30, and proceeds thereafter should be 50:50.

peggyundercrackers · 08/04/2015 16:04

I disagree with straighttothepoint - if DH has put down all the money from his house the deed of trust needs to reflect that - if the house goes up in value so does the value of his deposit. so if the house is 100k, your DP puts down a deposit of 50K then you split the mortgage you should get 25% according to the deed of trust.

I think you also need to bear in mind your not taking any risk because your not on the deeds nor are you on the mortgage so if it all goes tits up your not responsible for anything, your DP/DH is.

prh47bridge · 08/04/2015 17:15

If you are not married and there is no deed of trust you will have no automatic entitlement to anything regardless of how long you live there. You may be able to argue for an entitlement based on payments you have made towards the mortgage, any contribution you make towards the deposit, paying for improvements, etc. But simply living with someone for a while does not give you any rights.

Amateurish · 08/04/2015 17:21

Where does the 70/30 come from?

Collaborate · 08/04/2015 18:37

+1 prhbridge's comments.

Original poster

OnlyWantsOne · 08/04/2015 21:04

70/30 was what he suggested

OP posts:

kittensinmydinner · 09/04/2015 07:47

Living with a partner and three Dcs (I am presuming from the relationship) whilst not married is complete insanity (unless you happen to have a large independent ring fenced trust fund !). Marriage doesn't mean a wedding - if you or partner ' don't want the fuss' costs £110 at the registry office, plus two witnesses. Much much cheaper than 'deeds of trust' etc and provides you with legal protection better than anything a lawyer can draw up by way of agreement. Property, occupational pension, state pension, next of kin, inheritance etc etc all yours by right for £110 ! Bargain !!

FusionChefGeoff · 09/04/2015 07:54

When I was in the reverse position with my then bf now DH, our deed just stated that I had put in £x amount as a deposit and that would be refunded to me out of any profits before any remaining was split 50 / 50.

Agree about marriage point though.

Quitelikely · 09/04/2015 08:09

That's a brilliant suggestion. Ring fence his deposit then split 50/50.

How much is the deposit

Only1scoop · 09/04/2015 08:14

I wouldn't be signing that. I'd not be happy to not be on the title deeds of house with 3 dc together!!

33goingon64 · 09/04/2015 12:14

OP is taking a huge risk - she'd get a pittance from 30% if anything went wrong and would presumably have 3 DC to look after. Each couple should do what they feel comfortable with but personally, especially with DC involved I would either get married or insist on 50/50 split. You are a family which means you're a unit. I am suspicious of this suggestion from the OP's OH. Would he really be happy seeing her off into the sunset with such a small amount if he truly was committed NOW?

Collaborate · 09/04/2015 13:00

On the other hand, the 30% offer is not something he needs to make. what's the realistic alternative? She walks away from the relationship? With nothing?

ZenNudist · 09/04/2015 13:09

Just get married. Sharpish. You have 3dc together and appear to be relying on the goodwill of dp should you break up.

NoArmaniNoPunani · 09/04/2015 13:16

30% is better than what you'll be entitled to without the deed of trust. How sad that you've had 3 kids with someone who thinks so little of you though

Original poster

OnlyWantsOne · 09/04/2015 20:37

Thinks little of me? That's a little harsh.

OP posts:

AuntieStella · 09/04/2015 20:42

Yes, put like that it is harsh.

But it's not completely unfair either. Though 30% is way, way more than many unmarried cohabitees end up with.

Have you read up on the differences between marriage and cohabitation, and are you happy with whatever mitigations you have put in place? In particular, are you happy with pensions arrangements?

Jackiebrambles · 09/04/2015 20:55

I'm glad you are getting legal advice op!

Would you want to marry?

NoArmaniNoPunani · 09/04/2015 22:16

Not harsh, just realistic. If 30% will be enough for you to set up home with your kids should the worst happen then go for it.

Radiatorvalves · 09/04/2015 22:33

We had something similar when we bought our first house, as we weren't married. I put in a large deposit, but DH was paying a bit more of the mortgage than I was. Our cohabitation protected my deposit, and then for the rest said that we would take out what we had put in.

It worked for us then....but you OP are in a different situation. Together longer and 3 kids. I wouldn't be agreeing to it.

mynewpassion · 10/04/2015 02:15

If she doesn't sign anything, she might receive nothing unless they get married. She has to keep detailed records about what she paid towards mortgage or any updates to the house.

Maybe she's the one who doesn't want to get married.

LotusLight · 10/04/2015 10:21

There are no rigths and wrongs in this.

"Living with a partner and three Dcs (I am presuming from the relationship) whilst not married is complete insanity (unless you happen to have a large independent ring fenced trust fund !)." That comment is really sexist. We have 5 and earn 10x what their father does. I am now divorced and paid him a small fortunate because I was stupid enough to marry him rather than just live with him. I would not marry a new partner or buy property with them - it is mine and my children's inheritance. Lots of couples decide not to marry because they each want to earn their own money and decide how things are divided. Here this man is making a gift of 30% of the house even though he need not. Instead the house could just be in his name (or hers - nothing to stop mothers of children earning a lot more than their partners - plenty of us do in feminist non sexist relationships).

Amateurish · 10/04/2015 12:02

How will mortgage payments be split?

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