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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:
SeriouslyStressed · 02/03/2024 22:57

Sorry, forgot pic

Getting Married but already living in my house
Picklestop · 02/03/2024 23:41

suziesue45 · 28/02/2024 14:53

Thanks everyone, I have been having second thoughts about marrying him recently too as he's becoming very difficult and I feel like I have to include him in every decision I make about the house but he doesnt do the same. He does pay half the bills and food etc now he's moved in but didnt when he had his own place which is reasonable I think as he wasnt staying at mine too often.

I just dont want him making decisions without talking to me about them and also the house doesnt belong to him. I've told him no about the fence due to being in a conservation area and the fence we have is one of the handful we are allowed.

Well it is going to be his home too, so is it not understandable that he would to have a say in his future home. And if you don’t feel like you want a shared space with him, then you obviously do not want to marry him. So don’t.

samqueens · 03/03/2024 00:12

suziesue45 · 28/02/2024 15:13

@NuttellaAndPuppyLover Thank you, this is the type of advice I was looking for and that sounds like a really good option. I will look into that and then speak to him

I haven’t read the whole thread OP, but have read your posts. To be honest I haven’t got past page 2 because reading it is making me feel physically sick. The risk you are taking with you and your children’s financial security is HUGE. You have a good job - please go and see a proper solicitor and talk to a financial advisor before you take one step further. What is the point of having resources if you don’t use them to your benefit?

You have a fully owned property which (at this moment in time) no-one can take from you. A roof over your heads, a source of income if you weren’t living there, something for your children to own or sell if something happens to you. This puts you in a very rare and privileged position.

If you cannot cast iron ringfence the house you shouldn’t marry this man. If the first thing he said when you decided to move him in/marry him wasn’t “I don’t want to take from you and your children’s existing financial security - let’s sort out some paperwork to make it clear I don’t and never will have an interest in the property” (I’m assuming it absolutely wasn’t…) then he does not have your best interests at heart.

It’s great you’re in a stable relationship and that your kids love this guy. He might be wonderful and just a bit dippy about money, or making assumptions about the wondrousness of your relationship and how nothing could ever go wrong… perhaps he has not previously been divorced and spent the past 14 years raising children, working and paying off a mortgage… BUT YOU HAVE.

Is that something you want to have to do again, 14+ years older?

@NuttellaAndPuppyLover ’s suggestion isn’t off the wall, but the desparity in your circumstances and the fact you have children, still makes this an incredibly risky move.

The only way I would countenance a shared property is if premarital assets were ringfenced and he agreed paperwork confirming he had no claim on the existing house.

I can understand that he may not feel your house is a shared home because it has been yours for so long and, well… it’s not a shared asset. And maybe he would prefer to live somewhere which is your joint venture.

That, in itself, is not totally unreasonable. And if you choose, in future, to buy together and live somewhere as a family, then you both put down deposits, take out a joint mortgage, own in the manner Nutella describes and build a joint nest egg together. If you choose to rent your house out to fund this that’s your perogative - it raises your income while retaining your security. His share of that property can be dealt with in his will as he pleases, and your part can go back to your kids or him or whatever you want to do.

Or, he uses his savings (I presume he does have savings or assets of some kind right?) to buy a property of his own to which you have no claim, (as he isn’t paying rent/mortgage at yours he should have some funds for that - he can always do a buy to let to get the ball rolling), which he can then build equity in and benefit from/move into should you split or if something happens to you and the children decide to live in or sell the family home.

But he shouldn’t be living with you AT ALL without some paperwork in place and FGS do not let him spend one penny on your house (I think food and bills is fine - but check with a solicitor).

You are not some starry eyed twenty something building a life together. You have built one. You have tangible assets and a place to be safe, for you and your children.

You say you have had some health scares in recent times - one sure fire way to decimate your health and well-being is to put yourself back into financial insecurity. Don’t do it. If he can’t see past this, and isn’t as keen as mustard to help protect you and your children’s security, then I’d be seriously questioning his motives.

Be smarter than this.

Work out what works for you, pay for good advice on the ins and outs and how what you want can work legally/practically. Then, and only then, talk to him… and stick to your guns.

TheFormidableMrsC · 03/03/2024 00:29

@samqueens Excellent post, agree with every word!

MumDaisy1980 · 03/03/2024 03:33

he sounds like a leech to me.

VeryStressedMum · 03/03/2024 06:58

DO NOT LET HIM PAY FOR ANY WORKS IN YOUR HOUSE! Married or not. Trust me he knows what he's doing if he pays for anything like that. He's after your house and he hasn't wasted any time going about it either.

He will tell you he had no idea that by him paying for structural works means that he can make a claim to your house but it will be too late for you.

All I can say is if I was in your position I would never marry, and never let anyone pay for anything for my house apart from a bit of electric and gas.

If you need a new fence pay for it yourself and keep records.

RoseMarigoldViolet · 03/03/2024 07:51

Don’t get married, op. He will be entitled to a share of your assets if you divorce. The marriage invalidates your Will. You are much better to remain unmarried.

anyolddinosaur · 03/03/2024 09:46

I have a friend who did move in with and then marry her lover. They both had assets and as he was a decent man he agreed that hers would be ringfenced for her children. He has the option to leave his assets acquired before marriage to his family if he wishes. He is building a good relationship with her children and grandchildren and has no children of his own. In time he may decide to leave some or all of his assets to them, that's his choice.

If you want to marry see a solicitor about protecting your children. If he objects to that dont marry.

GreyCarpet · 03/03/2024 15:04

You have had some very good advice here, OP.

Marriage is, essentially, a legal financial contract. The whole point of it is to merge assets. It's not a 'romantic' move.

In your shoes, I wouldn't marry him.

Largely because he does have an eye on your house as being nearly his too - hence the suggestions and getting quotes without your knowledge. Once you are married, it become his house too.

I'm no expert and I'm not going to or pretend to be but the simplest and safest way of preventing him from riding roughshod over your wishes/plans or claiming it as an asset of his own is to not marry him.

GreyCarpet · 03/03/2024 15:12

VeryStressedMum · 03/03/2024 06:58

DO NOT LET HIM PAY FOR ANY WORKS IN YOUR HOUSE! Married or not. Trust me he knows what he's doing if he pays for anything like that. He's after your house and he hasn't wasted any time going about it either.

He will tell you he had no idea that by him paying for structural works means that he can make a claim to your house but it will be too late for you.

All I can say is if I was in your position I would never marry, and never let anyone pay for anything for my house apart from a bit of electric and gas.

If you need a new fence pay for it yourself and keep records.

This.

My mother moved her partner in and got a co-habitation agreement.

She was very strongly advised not to allow him to make any home improvements whatsoever so that he couldn't have any claim on her house.

To the extent she was told he could help with the gardening because it was maintenance and he'd be required to do that wherever he lived but that he couldn't pay for anything that would be considered to 'improve' the garden eg undertake any landscaping type work. So lawnmowing, weeding and pruning was the extent of what he could do. But he couldn't offer/be asked to eg lay a new patio for her, put in decking, change the layout of the garden or help install a summer house.

Blackcats7 · 03/03/2024 15:20

Do not get married. Even if you have a declaration of trust done saying he will make no claim upon the property (which I did in your situation) there is a real risk he could still be awarded some of what is yours in any divorce.
Don’t let this happen to you as it did to me.

UpsideLeft · 03/03/2024 15:21

Legally once you to decide to dump him

You can legally get the locks changed

And that's that he's out of your life

Ajways trust your instincts

Newestname002 · 04/03/2024 08:31

@suziesue45

I'm glad you're querying what do do, OP, but you need to get proper legal advice from professionals who can see where all the pitfalls (both current and future) before you sleepwalk into a situation which is financially detrimental both to you and your children.

Put off all thoughts of getting married, especially to someone who seems not to have made any financial ling term plans for himself, and who'd stand to gain hugely from you in the future if you split (ie a share in your property, your savings, your pension, etc). Why would you put yourself into the situation where you'd be spending your money on things he wants(even if he was paying for them - which he isn't from the sounds of it).

He's already showing his true colours (getting his feet under your table, making decisions about your home and finances without even the courtesy of speaking to you first..)

Getting married to this person doesn't gain you anything - quite the reverse. You're already, rightly, having second thoughts about getting married and potentially making life difficult as he gains more in confidence about what he wants vs you.

Get properly, legally informed and reassess before you put yourself and your children in a position hard to come back from. 🌹

Yellowroseblooms · 04/03/2024 11:57

I've been a solicitor for 30 years. In that time I have seen a lot of the worst side of people. Good people just have no idea of what some people are capable of doing to people they supposedly care about. I would not dream of marrying this man who has quite a lot of red flags. If I was deluded enough to marry him I would be having everything tied up with good legal advice.

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