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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

whether to add fiancé to deeds of house

92 replies

hilbil21 · 16/02/2016 20:58

Another thread has prompted me to post and just wondering what you guys think is for the best.

My mum passed away last year and I have inherited her house on which the mortgage is fully paid off.

My fiancé, 11 month old son and myself have moved in and fiancé is paying to decorate etc and also pays all bills as I don't work.

Am I being fair not having him on the deeds??

OP posts:
peggyundercrackers · 17/02/2016 16:59

sorry I should elaborate - if he leaves with nothing he can take you to court to say he has been economically disadvantaged because he paid money towards the house - food bills, decoration, furniture, fittings etc. etc. and can prove he has given you money then he will be awarded an amount - this is only part of family law in Scotland and I think it came in 2006? but cant be exactly sure of the dates.

I know this is the case because I have been helping a friend with her case and it was settled 2 weeks ago - she got about 12% of the value of the property after living there for 5 years. the property had not gone up in value in the last 5 years at all.

hilbil21 · 17/02/2016 17:12

So basically if we get married in Scotland he has a claim to quite a lot if we were ever to split? No point really in going to a solicitor I don't think! Previous posters are right, it's more a question of whether to get married or not! X

OP posts:
Offred · 17/02/2016 17:19

That's the simplest and least expensive question wherever you live.

Offred · 17/02/2016 17:21

The provision Peggy mentions appears to affect cohabitees.

Offred · 17/02/2016 17:23

Worth speaking to a solicitor I would say.

Hissy · 17/02/2016 17:33

Of course there is every point in talking to a solicitor!!

Know the situation, then make the decision that suits.

choceclair123 · 17/02/2016 19:51

I don't think it's unfair. He's living rent free and paying bills but half of those bills are his anyway. I would make sure you protect your inheritance if I were you. You would be so devastated if (God Forbid) anything went wrong and you ended up losing half of your parents home just because you were feeling a little torn / in a generous mood! You just never know... I don't know how you are financially but if you're in a position to, maybe you could think about buying another small property as an investment... or could be something to think about in the future.

Blondeshavemorefun · 17/02/2016 22:00

i own my own home and mortgage free and then dp now df moved in 4years ago

he doesnt pay rent but we split the bills and he does stuff round the house

but before he moved in i had a cohabitation agreement drawn up, cost over £1k but basically says that df if we split up cant claim for any of the house, ever,

he signed it happily, also stating in a clause that he signed it taking legal advice, but ignored the advice happily as my solicester said he needed to do that, as his solicester said he was crazy to sign away 1/2 a home-df reply, its not mine

originally my will said my home to be split 50/50 with 2 close friends, changed it couple of years ago to df now getting the home - im going to be dead so wont care

only thing that would change is if i ever got preg (we are trying so hard and 3 private ifv failed) :( and my house/our home, would go 100% to our child, but df would live there till he died

this is as he has 3 kids from previous relationships and if i did have a child, then house needs to go to my/our child and not his iyswim after im dead and house would have gone to df then split into 4

hope that makes sense

so no dont put him on the deeds

blindsider · 17/02/2016 23:27

Offred

That's the simplest and least expensive question wherever you live.

Good to see true love is alive and well.

Offred · 18/02/2016 02:27

Marriage has absolutely fuck all to do with love and everything to do with property.

winchester1 · 18/02/2016 05:02

Property is why we don't plan to marry, at least not without some serious prenups in place (I'm not in the UK,they are legal here provided they aren't unfair.)

peggyundercrackers · 18/02/2016 09:57

blonde if you were in Scotland and you own your own home mortgage free BEFORE someone moved in then the cohabitee doesn't have a claim on it - the law protects the house owner.

blindsider · 18/02/2016 10:01

Offred

Marriage has absolutely fuck all to do with love and everything to do with property.

How deliciously medievel...Hmm

Offred · 18/02/2016 10:10

Marriage is pretty medieval...

It's a proper scandal how few people understand what marriage really means and fall into it thinking it's 'the next step' or about love and romance.

alltouchedout · 18/02/2016 10:17

Most people marry for love but it's daft not to think of everything else that marriage means. We all see the advice on mn regularly to sahps- protect yourself with marriage, the house etc is then a marital asset. I married because I live and am committed to my dh but ALSO because of the legal implications. Without the legal implications we may as well not have been officially married- the love and commitment exist anyway.

blindsider · 18/02/2016 10:34

I married entirely for love, both DW and I have two kids mine are older and have left home.

We met on line and got married very quickly. My wife owns two houses and a proportion of her friends wanted her to get a prenup signed, I explained to my wife that I was more than happy to sign her prenup as far from protecting her, it was actually protecting me - we don't have a prenup.

The only slight inequality is that should she die she has left everything to me so it is free of IHT to pass directly onto her children. If I die obviously I want to provide for her in her old age so I have left everything to her and asked she gives approx 1/4 immediately of it to my kids so they can buy a house each. Potentially my kids are going to miss out, but I love and trust her to include them in her will so they get a decent share of whatever is left.

blindsider · 18/02/2016 10:35

*two kids each none together.

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