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Help - advice needed about a house.

4 replies

Woollymummy · 28/05/2010 23:03

After tricky time with my partner and death of my grandma, my mum wants to give me large deposit to buy a house with, get us all out of renting, and give me future security. I am not married, probably will not be and am not sure how to safeguard the house against partner taking house in the event of us breaking up or my death. Is he entitled to anything? At the moment I am prepared to leave him some items in my will, which is as yet unwritten, but mum says the gift of the money is on the condition that none of it or the house can go to my partner. Therefore I have to get a solo mortgage to afford to buy in the first,am low-paid pat-time so it will be a tiny mortgage, and need to work out all the legal matters, without alienating my partner. I will try and make the potential future feud between him and my mum. Please give any advice you can. I feel not quite grown up enough for all this, maybe it is time I grew up.

OP posts:
Woollymummy · 28/05/2010 23:04

part-time, not pat-time

OP posts:
Woollymummy · 28/05/2010 23:08

sorry, to clarify, not actually wishing a feud, but if there is any ill-feeling, I am hoping i can explain the pre-conditions by saying it is mum's inheritance for me, which I want to be abe to pass on to kids. Not sure how to do al this, I love him but he has a short temper, and he has almost walked out on me before, a couple of times. I am not sure how flaky he really is, as he is still here, but not very confident about his ability to look after the kids in the event of my death, not sure how to go about finding a guardian for kids and not sure how to ensure that they will be looked after by anyone calm and stable if I am not around.

OP posts:
Jaybird37 · 29/05/2010 00:04

OK, lots of issues here, some legal, some not.

Firstly, if you intend to spend your life with this man, is it right for you to accept your mother's implicit judgement on him, and you, that it won't work out.

If you do not intend spending your life with him, why are you living with a man with a temper, who you are worried will walk out and whose fathering abilities you seem to doubt.

It seems to me you have a choice:

  1. Accept your mother's control and judgement, and her amazing gift, and accept that this may cause major problems between you and your partner as a risk you are prepared to put up with;
  2. Tell your mother that this is the man you are with and that she needs to respect your choice. If she can't then you cannot accept her gift (you wondered about the grown up stuff - this might be it/0; or
  3. Decide that there are serious issues with your relationship with your partner and sort that out first.

As far as whether or not you actually can prevent him from having any claim on the house, this is something that I think you will need to take legal advice about. It may only be possible if he is prepared to sign a contract, in which case he would need to be separately advised from you, but I am not sure about this. He may be willing to do this if it benefits his children and he gets a home practically mortgage free whilst you are together. That said, cohabitees do not have the rights that married people do.

Guardian - a number of issues with guardianship. Firstly, I would choose someone your age, rather than going up a generation. Secondly, I would choose someone who your partner likes and gets on with. Equally, if you want your children to continue to have contact with your side of the family, it should be someone who gets on with them too (and strong enough to mediate between them if your partner and mother do not get on).

Even if you give your chosen guardian parental responsibility, it is unlikely that your children would be taken from your partner if he survived you, unless there were good reason, like child protection concerns. But having parental responsibility would give the guardian legal standing in major decisions like schooling etc.

If the short temper / lack of stability actually amount to a child protection concern, then leave him. You will not be able to protect your children in the long term from that kind of domestic situation.

You ought to have someone named whatever, in case you both died together.

Once someone has agreed, you put them into your will. You can always change your will (but not rescind parental responsibility. Also, make sure you get their consent before you do this, and make sure that they understand what you are asking for.

Finally, make sure that the person you ask stays involved in your life and your children's life. If they barely know him or her, they will not be interested in forming a relationship with a near stranger when they are grieving, and it will take a huge amount of strength and confidence for the guardian to suddenly involve themselves with your partner and kids.

Hope this helps. Sounds like you have a lot of thinking to do.

wildfish · 29/05/2010 19:37

Suggest make it a written loan, so in an unfortunate event, she gets the money back.

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