In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by senior solicitor Michael Ogden...
How can I protect my greater contribution to house purchase with my partner?
Q: My partner and I have been living together in rented property for a couple of years and she is keen for us to buy a house together. Neither of us want to get married as we don't want children and therefore cannot see a need to. My concern is that I owned a house with my ex-wife and came out of the divorce with a chunk of money that we will need to use for the deposit on the new home. Not unreasonably, I would like to protect the money I put into our new home but am not sure of the best way to go about it. Please can you advise?
A: The best way to protect the money you put into the property you are going to buy with your partner is to draw up a Declaration of Ownership agreement as part of the conveyancing process when you purchase. This is a legal contract between co-owners that clearly sets out their intentions regarding financial input and expenditure throughout their time in the property. As well as clarifying how the property is to be owned, for example one owner may own a third whilst the other owns two thirds, the Declaration also confirms the responsibilities of each owner for such as mortgage and other outgoings, repairs and maintenance, and power of sale or option to buy.
A well drafted Declaration of Ownership showing what was agreed at the outset of the shared ownership will help avoid disputes if a disagreement should arise between the parties at a later date. It is also a good idea for both owners to have an up to date Will put in place before the Declaration is drafted. This will ensure their respective shares in the property pass as they intend in the event of death. If either party already has an existing Will in place, it would be advisable to review it.
• This question has been answered by Michael Ogden, a senior solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
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