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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

Help..partner paying full deposit. How can I legally protect myself

77 replies

Eiremogra · 05/01/2021 00:37

Apologies for this really long post!!! Really hoping for some advice!Buying a property with my partner who is putting in full deposit amount..what legal steps should we put in place to protect both our interests?

My partner and I are planning on getting a mortgage together. He is putting in the full amount of the deposit. I earn a little more than him and together we have been AIP a decent mortgage. My question is what legal steps should we take to protect us both. I know a joint tenancy is best - allowing the property to be left to the other party in the event of a death but I’ve also been reading about a ‘deed of trust’ which would ensure other agreements should we break up. He has said that he would expect to get his full deposit repaid by me should we break up...but..he would not be able to get a mortgage anywhere near our AIP on his own (without my salary) plus if we are together for many years within that time I have paid towards furniture/repairs/daily living costs..surely this should be considered as a major contribution? A friend has advised that the deed of trust should indicate a time limit, i.e if we split within 5 years he gets his full deposit back but after that period of time I do not have to repay him. Even if we do split within the capped time frame surely the amount to be paid back to him by me would be half of his deposit contribution? Really hoping for some solid advice to protect me financially... I have been badly ‘stung’ in the past by an ex partner who left me in a lot of financial debt so need to ensure all measures are taken this time around!!

OP posts:
IwantToDatePicard · 06/01/2021 21:18

We had a declaration of trust in place, I paid the deposit in full and when we sold I received my deposit back in full and we shared the profit 50/50.

billy1966 · 07/01/2021 00:32

@WellIWasInTheNeighbourhoo

That you are TTC and going through invasive fertility treatment with a man whose main concern seems to be protecting his cash is the bigger issue here. What are you doing to protect yourself whilst providing this man with a child? Has he even mentioned the hit you are taking? Or is it all about his money.

Fertility treatment, pregnancy and babies have a huge impact on the female. It has the potential to damage our careers enormously, even a perfectly healthy baby let alone one with health problems or special needs which is always a risk.

What happens if you split in a couple of years and Brexit and Covid have sunk the property market and you're in negative equity. You have to sell your home in order to give him back his deposit and you walk away with nothing but debt and a baby? Your career & health have taken a hit from pregnancy and mat leave so you don't have the earning power anymore either. In 90% of cases you will still be primary carer and managing day care and work, with some paltry amount of child support that doesn't even cover the childcare.

Please think twice about having a child and buying a house with a man you are not married to. The consequences can be devastating for women, I have seen it so many times.

Great post.

Why are you TTC and you are not married.

Cost of Mat leave?

Why are you putting yourself in suchba vulnerable position?

You were taken advantage of before, why are you walking into a situation like that again.

Spend some time googling the many threads on here where women are beyond desperate being financially abused by men that wouldn't marry them and won't pay a penny towards their own children.

He's being financially astute.

Don't you think you should be very careful too.?

Good luck.Flowers

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