Partners status regarding beneficial interest

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flat broke

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Post by flat broke » Mon Mar 17, 2008 10:29 pm
Not really debt related, but someone must have come across this!

I have lived with my partner, of 24 years, and kids, in this house for 9 years. The mortgage and all the debts are mine alone, and I am sure that my partner was put on the deeds when we purchased. There is about £40k equity in the house and £40k mortgage

Anyway, my partner is a traditional "housewife" and does not work, but has had some part-time jobs in the past, but nothing permanent.

I am sure that she has acquired a beneficial interest in the property, but does anyone know the implications of this if the worse comes and bankruptcy looms. Any web links or case law links etc?

Also, would it help if we got married! Obviously this would be for love and not for purely financial reasons. lol [:D]
 
 

MelanieGiles

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Post by MelanieGiles » Mon Mar 17, 2008 10:31 pm
I am sure that your partner would be able to successfully argue that she is entitled to half the property - but is it registered in joint names?

Marriage does not tend to affect the division of equity under insolvency proceedings, but could have a huge impact on your partner if anything happened to you. Have you both made wills at all? Very important in circumstances such as these - I have seen women in your partner's position end up with nothing.
Regards, Melanie Giles, Insolvency Practitioner
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