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legal rights - marriage v cohabitation

4 replies

corona · 19/04/2007 12:07

Hallo - DP and I are thinking of getting married. Can anyone point me in the direction of info about legal pros and cons.

My main concern is that we live in a house that I bought, and which is my only financial security as at the moment I'm not working or paying into a pension. We are living on DPs earnings after the birth of DD, tho I fully intend to go back to work within a year. If we married and it didn't work, would I still keep the equity I brought into the marriage?

Any clues as to where to go for good legal advice, or any lawyers out there who can fill me in?

OP posts:
Tinker · 19/04/2007 12:18

You need to see a solicitor to draw up a tenants in common agreement. I was in same position when we recently bought this house - the deposit was the equity from sale of my house, partner had no deposit. I assume this will apply whether married or not. You do need to protect yourself on this issue otherwise he could be entitled to some of it.

WideWebWitch · 19/04/2007 20:34

Joint marital assets if you get married, he will be able to claim some of the house, see a solicitor. Or don't get married.

mumblechum · 20/04/2007 14:02

Thing is, if you don't marry and it goes tits up, you won't get any spousal maintenance or pension provision.

You could transfer the house into joint names if you want, but in unequal shares, but in reality if you do split, the fact that you've contributed most of the capital would bear a lot of weight in divorce negotiations added to the fact you'll prob. have the kids living with you and may then still be the lower earner, therefore have a lower mortgage capacity.

TheBlonde · 20/04/2007 17:01

have a look at this

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