Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Relationships

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

Getting Married but already living in my house

214 replies

suziesue45 · 28/02/2024 14:46

I need a bit of advice as the internet law seems a bit fuzzy.

Myself and my partner are getting married soon. I bought my house many many years ago and have been living in it with my kids since then. My partner has just moved in with me before the wedding and is wanting to make big changes to the house both structural and decorative. Its taken me a while to get used to the idea of us living together and thats why its taken me so long to agree to it and to accept his proposal.

I dont want him on the deeds to my home as it is mine, I've paid for everything to do with the house including a new central heating system just before christmas. He has not asked to be put on the deeds but he is wanting to make structural changes (new fence as he doesnt like the one we have even though theres nothing wrong with it, new patio as again he doesnt like stone etc) Not only can we not afford this right now but he has already had workmen out giving quotes while I've been at work.

He has also made some comments where he'd like us to get our own house and I've asked what we would use as the deposit and he said for me to sell my house and use that as he has no equity anywhere (he currently house shares with his friends).

I'm a bit concerned about the money side of things as I've always said that my home will belong to my kids when I go as they have lived in it most of their lives and I paid for the whole things.

Ive no idea what I need to do, are pre nups worth it?

OP posts:
bombastix · 28/02/2024 20:45

Do you want to get married? Because it doesn't sound like you do, and this man is spending money you don't even have.

He is telling you very clearly what he is like. He likes your house and the money. And you, in that order.

wantsomeanswers · 28/02/2024 21:55

Book an appointment with a trust company who specialise in this , they will advise you if you can put your house into a trust for your children to inherit to protect your assets ,

BlueGrey1 · 28/02/2024 22:04

If a man wrote this post most women would be up in arms,
OP, I don’t think you can have your cake and eat it, in that you can’t marry him but then say he is not entitled to 50% if ye divorce
Of course he thinks that if ye marry that he will have a.claim on the house, just as a woman marrying a man with a property would have a claim on that
I do see where you are coming from in that you want to protect your asset for your children but I also feel a bit sorry for him as.I wouldn’t say he really knows what he is getting into
If you are going to try and ring fence the house before marriage then you need to make it clear to him

EmmaEmerald · 28/02/2024 22:43

@BlueGrey1 ""but I also feel a bit sorry for him as.I wouldn’t say he really knows what he is getting into"

In what way is he missing info?

I would give the same advice to a man. But I see marriage a contract and I wouldn't go down the casino and put half my flat on the table!

pre nups and ring fencing are not a guarantee.

I think posters are concerned because OP doesn't seem to know the risks involved here. Man or woman, if you want your assets to go to someone other than a spouse, don't acquire a spouse.

EmmaEmerald · 28/02/2024 22:44

wantsomeanswers · 28/02/2024 21:55

Book an appointment with a trust company who specialise in this , they will advise you if you can put your house into a trust for your children to inherit to protect your assets ,

Why bother though?

why marry a man who is trying to force changes to your home? That's a red flag.

Geppili · 28/02/2024 23:32

Omg please, please don't marry him. You weren't sure about living together. You should have listened to your gut. Now even before you are married he is trying to railroad you into changing bits of YOUR house before he has even unpacked his clothes. What is he actually bringing to your marriage? Just have him as a lover. He is on the make and would not be remotely so interested in you if you didn't have a whopping great asset. Please listen to every body. Don't marry him for your sake and your children's' sakes.

Winter2020 · 29/02/2024 00:41

BlueGrey1 · 28/02/2024 22:04

If a man wrote this post most women would be up in arms,
OP, I don’t think you can have your cake and eat it, in that you can’t marry him but then say he is not entitled to 50% if ye divorce
Of course he thinks that if ye marry that he will have a.claim on the house, just as a woman marrying a man with a property would have a claim on that
I do see where you are coming from in that you want to protect your asset for your children but I also feel a bit sorry for him as.I wouldn’t say he really knows what he is getting into
If you are going to try and ring fence the house before marriage then you need to make it clear to him

I think regardless of the gender of the house owner/new partner people on here - particularly the mums with kids - are thinking primarily of the children and how people who divorce, are bereaved or separate and get a new partner then die (or to a lesser extent divorce) can see the kids left with nothing of what their parents worked hard for, while the new spouse gets an easy meal ticket.

Meadowfinch · 29/02/2024 00:59

Do not marry this man. He has free-loading cocklodger written all over him. The moment you marry, you give away half your house, jeopardise your children's home and security and take him on as a dependent. He brings nothing to the table. A pre-nup will not protect you.

For God's sake stop and think. He will leave you and your children homeless.

Meadowfinch · 29/02/2024 01:04

Also OP, he hasn't asked to be put on the deeds because he knows he doesn't need to. The moment you sign that marriage register, you literally hand him half of your children's home. Do you want to give him several hundred thousand pounds of your children's future?

Stravaig · 29/02/2024 05:53

🚩 He's coercive. A bully. In a very calculated way, he is unilaterally arranging work you do not want on a property he does not own so he can build evidence of a claim against it. He's slipped up and revealed himself before marriage makes this irreversible. Believe him. Kick him out. Before you lose the home you have worked so hard for, which provides security for you and your children. If you reevaluate your time with him dispassionately you will see other red flags. 🚩

Aishah231 · 29/02/2024 07:05

Sorry OP but in your situation it makes no sense to marry. Whatever you sign once married he would be able to contest any will and if you divorce if you're married a while he could go for 50/50. Why risk it for your kids. If he had some assets himself I still wouldn't do it but it might make some sense. As he doesn't it makes no sense. Plus his entitled attitude now he's moved in is very concerning.

HomeTheatreSystem · 29/02/2024 07:10

OP do take legal advice on this with regards to the specifics of your situation because it all sounds risky and complicated. I appreciate your comments about the ill health in your family but if this goes wrong, it will add to your woes, not help them. I've listed some watchouts below which spring to mind.

Even if you just cohabit, he could, if he pays for home improvements or does DIY that adds to the value of the house, be considered to have a financial interest in the house. If you split you might find yourself paying him out. That's without marriage!

With marriage, you risk the house in the event of a divorce but you can look at ring fencing it prior to and in anticipation of the marriage.

Also as the non property owning spouse, he can register a Home Rights Notice on your house with Land Registry which prevents you from selling your home out from under him because it would be his home too. It doesn't implicitly give him a financial share of the home but it could be a troublesome spanner in the works for you until the divorce and financial settlement are through.

You can make a new will in anticipation of marriage (I believe a time limit applies) which would be valid after marriage but your current will would be null and void upon marriage and if you died before making a new will, you would be considered to have died intestate.

If you don't divorce ever but predecease him and leave the house to your 2 kids he could challenge your will. I'm not saying he'd necessarily be successful but the costs of defending your will against this challenge come out of your estate.

You can leave him with a life interest in the property so he had somewhere to live but you'd need to think about things like him forming a new relationship and his right to stay there and what to do if he doesn't look after the property and your asset devalues and becomes a liability/moneypit for your kids to sort. He could possibly ask them to leave when they're young adults.

Just to clarify as well, there's a difference between division of assets upon divorce and how your property is dealt with in the event of your death. Divorce starts with a 50/50 split with variations considered due to length of marriage/kids etc. In your will, you can leave anything you wholly own to whoever you like. That doesn't mean the will can't be challenged in court by a disinherited spouse but as said earlier it would, regardless of how successful or not they were, add cost to your estate, not to mention huge stress for your kids. Remember this man has nothing to lose and everything to gain.

Unless you can afford to rebuild your assets if it all went south I think you'd be taking too big a risk with your kids' home and security. At least consult with a lawyer so you know fully what the risks are and what you can do to minimise them if you do decide to go ahead. Make sure there is written evidence that your DP knows what the plans are so he is not blindsided by the protections you put on your property. Having said all that, his attitude to your house is already overly proprietorial, disrespectful and concerning. In your shoes, I would not be marrying or living with him.

DixonD · 29/02/2024 07:11

A new fence or patio is not a structural change - it’s cosmetic. A structural change is altering the structure of the property itself, like removing walls or building an extension.

The changes you’ve mentioned aren’t so bad and very normal things to do.

But if you don’t like it then it’s up to you.

If you don’t want him to have any claim on your property the only thing you can do is not marry him.

Hellsmells · 29/02/2024 07:45

Marriage trumps your kids rights.

magnoliasweets · 29/02/2024 08:19

If you have more money/assets than him, then there is absolutely no benefit to you of marrying him. I had legal advice when I was considering marrying my DP, and she said there would only be any point in marrying him if he was rich, as I have over £150k in equity in my house, and he has no assets. Consider seeing a solicitor for legal advice.

holrosea · 29/02/2024 08:32

@NuttellaAndPuppyLover and @suziesue45 - a deed of trust is a good idea for a new asset, however this overlooks the fact that the DP is suggesting that OP sell her house as equity for the new house.

This would leave her kids without the brick & mortar house she intends to leave them, & depending on the level of equity/debt in he new accquisition, potentially without much actual money too. All assuming that the DP agrees to a split that is largely not in his favour.

Just as a personal note, I am getting chills up my spine reading this. I was very lucky in that an inheritance allowed me to put a deposit on my flat in my twenties. Due to this, and 15 years of banging every extra bit of money & every bonus into the mortgage, I am now nearly mortgage-free & have considerably more financial freedom.

I have a very romantic heart but I could not engage with a partner who did not either respect & celebrate my financial independence, or who couldn't meet me halfway. If someone waltzed in with no equity, no assets, proposed marriage to my romantic little soul & said "we can improve the value of your flat, we can sell it to buy our home", all sorts of alarm bells would be ringing.

perfectcolourfound · 29/02/2024 08:33

From your posts it sounds like you weren't keen on moving in getting married, but he's gone on about it and eventually you've caved. But you still aren't sure you want to.

Stop and think. Do you really want to share your whole life with this man? It doesn't sound like you're too certain. And if you aren't 100% certain about marrying someone, don't do it.

And noone would blame you. He sounds like he steam rolls you into things. Moving in. Getting married. Making changes to your house (that he can't afford). Buying a new house with your equity.

If you get married, he will have more power, and he will be more of a steamroller, not less. Only now, he'll have a right to half your house and other assets if you divorce. Your current will will be invalid, and even if you write another, leaving your share of the house to your children, he can appeal it if you die.

And it sounds like there's a high chance he would do that, as he's already showing his true colours. He's after your house and your equity. Even if you give him the benefit of the doubt (and say he's madly in love with you but is also very excited by the idea of being a joint owner of your home), it still wouldn't be right to risk your children's future financial security, surely?

Everything else being equal, I'd suggest there are ways around tightening up the ownership, making things more secure for your children (with the proper help of a solicitor). But your DP comes across as entitled, grabby and having no respect for you and your property. Can you trust him, really? He's clearly already irritiating you. Imagine of you married him and couldn't stop him making changes, spending your money, then -if it came to it - divorcing and leaving with half of it all.

Anameisaname · 29/02/2024 08:38

@suziesue45 why are you getting married? Given you don't intend to have kids together surely you can just be happily partnered up. That way the house is yours and his business is his and you live together. No need for wedding belle here

TempleOfBloom · 29/02/2024 08:41

suziesue45 · 28/02/2024 14:55

I wrote a will when my second child was born leaving everything to both my kids so if I dont change that will he still have a claim on the house?

Yes.

Marriage invalidates a former will.

If you marry you would need to immediately make a new will leaving your house to your children.

However, as your DH, he could successfully challenge that will if that left him without a home and he did not have enough to buy his own home.

Zapss · 29/02/2024 08:55

Tell the builders the guy asking for quotes doesn't own the house and they won't get paid.

merrywidow · 29/02/2024 09:22

Don't marry him

Whatonearth07957 · 02/03/2024 20:57

Don't marry. Get a cohabitation agreement. Don't pool resources. Just say no. It is possible! You can always have a celebrant ceremony. Protect your assets for your kids.

Cimone · 02/03/2024 21:57

suziesue45 · 28/02/2024 14:46

I need a bit of advice as the internet law seems a bit fuzzy.

Myself and my partner are getting married soon. I bought my house many many years ago and have been living in it with my kids since then. My partner has just moved in with me before the wedding and is wanting to make big changes to the house both structural and decorative. Its taken me a while to get used to the idea of us living together and thats why its taken me so long to agree to it and to accept his proposal.

I dont want him on the deeds to my home as it is mine, I've paid for everything to do with the house including a new central heating system just before christmas. He has not asked to be put on the deeds but he is wanting to make structural changes (new fence as he doesnt like the one we have even though theres nothing wrong with it, new patio as again he doesnt like stone etc) Not only can we not afford this right now but he has already had workmen out giving quotes while I've been at work.

He has also made some comments where he'd like us to get our own house and I've asked what we would use as the deposit and he said for me to sell my house and use that as he has no equity anywhere (he currently house shares with his friends).

I'm a bit concerned about the money side of things as I've always said that my home will belong to my kids when I go as they have lived in it most of their lives and I paid for the whole things.

Ive no idea what I need to do, are pre nups worth it?

See an attorney and immediately put your home in an irrevocable trust for your children. That way he can't touch it. Any other assets you have, do the same. That way no prenup is necessary because you did things on your side. but do it now. BEFORE you get marrried. I mean like next week. Finally, do not tell him that you did this. Let it be a surprise. Get a safe deposit box and put the paperwork, your will, you home deed, and anything else you want to keep safe in there. Again, do not tell him that you did this. Then sit back and let's see what happens... if he tries any fancy tricks. Make sure your kids get everything and him nothing. He is a man and needs to provide for himself. Don't let LOVE push you into making a stupid financial decision.

Beenalongwinter · 02/03/2024 22:29

Marriage invalidates any former will. Once married your husband will inherit the house unless you make a new will and he could challenge the will if you make a new will in favour of your children.
Do not marry this man.

SeriouslyStressed · 02/03/2024 22:54

@suziesue45

Just to clarify - being "tenants in common" wouldn't protect your share in the property if you got married.

Swipe left for the next trending thread