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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Property rights

7 replies

FancyFlaps · 21/01/2017 16:26

Eight years ago, dp and I bought a house, joint names, using a deposit from my parents (an ISA they had saved into since I was tiny). A sizable one at £30k. My parents also gifted us £60k to extend five years ago.

Dp is now dh. If we divorced, will I have any greater stake in the house, given the £90k investment from my side? Or would I sacrifice half my nest egg?

OP posts:

Astro55 · 21/01/2017 16:31

You can draw up a contract tomprotect your deposit - if you have proof for example bank statements and gift from you parents etc would help in the future if necessary

It should be documented as a percentage a for example £30k as a 10% of the house value at that time

StopShoutingAtYourBrother · 21/01/2017 16:32

Legally if you are joint tenants then yes he owns half. If you put down more then often you'd do tenants in common to reflect contribution to the house.

If divorcing it would form part of the financial assests and division of ownership is more complicated.

You need a lawyer.

Original poster

FancyFlaps · 21/01/2017 16:57

We were down as tenants in common, I think. Is there something I could refer to that I would have at home?

Things are looking close to going belly up

OP posts:

prh47bridge · 22/01/2017 00:19

Whether you are tenants in common or joint tenants will be on the paperwork you received from your solicitor when you bought the house. If you are tenants in common you each own a specific share of the property. That would normally be 50% each but it can be unequal shares. The shares would also be in the paperwork.

Regardless of the form of ownership or any declaration of trust (which I think is what Astro55 is referring to), the equity in the house will be part of the assets of the marriage to be divided between you if you divorce. If you cannot agree a split between you the courts will primarily be interested in ensuring a fair split of the assets. Your contributions to the cost of the house will be one of the factors taken into account but that does not necessarily mean you will get a larger share of the equity. There are a number of other factors the court must take into consideration. The £60k gift from your parents may well be viewed as a gift to both of you rather than a contribution from you, in which case your claim to that £60k will be no stronger than your husband's.

If you want proper advice you need to consult a lawyer. Once they have a full picture of the situation and they will be able to advise on the likely outcome.

MrsBertBibby · 22/01/2017 09:44

Agree with prh47.

It's significant that the later gift from your parents was to "us".

BigBadWolves · 22/01/2017 09:48

A decent divorce lawyer will negotiate for you, but unless your parents gifted to you only it's not so straight forward and you have to hope your H will act reasonably

FamilyTies321 · 25/01/2017 10:16

I was wondering if anyone could give me some advice I am soon to be moving in to a coucil property with my partner and son I work part time my partner full time we don't earn enough to rent private. My partners mum wants to mortgage her own house and wants my partner to put his name on her mortgage as she can't get it without him on there. Will this affect us in our council home I feel a lot of pressure as his brother is on his case to do it and so is his mother but I don't want him to

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