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How do I protect this deposit if we divorce?

32 replies

haveashandy · 10/07/2020 11:05

We're planning on buying a house and I am providing most of the deposit which is quite a substantial sum
How do I protect this if we ever split?
Is it something the solicitor dealing with the move can draw up or will I need something separate from a specialist solicitor?

OP posts:
Pleasebeaflesbite · 10/07/2020 19:24

It would be very sad if taking action to protect against a future divorce actually contributed to that divorce taking place

I do agree with you on that point

WhatKatyDidNxt · 10/07/2020 20:26

@haveashandy hmm it’s all well and good people getting all judgy, no one wants to get ripped off. As an aside why are you paying for your maternity leave, it’s a joint expense surely?

When my ex-husband and l split up he tried to do a number on me financially. The deal he offered me was £5k and a knackered 8 year old car. After a 11 year relationship, 3 years of me paying 50% of the mortgage, paying 50% of improvements to the house, doing 75% of the DIY and buying most of the furniture Hmm. The house had appreciated by over £100k in that time. Why should he live in a newly refurbished 3 bedroom house and l only get £5k?

He got the deposit back, the £50k getting married present his parents gave us and l didn’t go for his pension. The rest was 50:50. In hindsight l wish l had been less fair, after our divorce was finalised l found out he had been having an affair with a “friend” of mine. He’s now married to her

BurtsBeesKnees · 10/07/2020 20:36

First thing, why are you paying your maternity leave from your savings, surely that should come out of family money

As for your £150000 you need to speak to a solicitor on how you ring fence this.

Ravensmart · 10/07/2020 22:43

It’s weird reading this as I just read a thread on a local fb group started by someone asking about what to do with their inheritance (which I presume this is?) and a lady commented telling the OP to make sure she get it legally covered as her ex H totally diddled her out of hers
None of us like to think that our oh will do a number on us but let’s face it. Mn has threads each and every day from poor souls whose husband is now shacked up with someone 20 yrs their junior in a palatial home while the OP scrapes a living together looking after their kids
Well bugger that if it can be helped

prh47bridge · 10/07/2020 23:38

@Talcott2007 - It sounds like you have a Declaration of Trust. If you divorce the court will not be bound by it but it would be taken into account.

dontdisturbmenow · 11/07/2020 08:04

So it was ok to get married knowing you could get divorced and have to part with assets when there were very little or more of his, but now that you came into money, you think you should have a right to protect it?

Did you miss the part when you decided to marry that says that there isn't his and hers any longer but they?

NamechangeOnceMore · 11/07/2020 12:09

I agree with @rainycloudyday.

DH and I both earn well and could probably survive independently if we divorced, even though we have two young children. My husband is likely to get a substantial inheritance from his parents. There is no question that this will be shared money and used for us as a family. If he insisted on a post-nup I would feel he had one foot out of the marriage.

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