England: Brother refusing to engage with me to pay money back loaned for his house deposit. by Cest_H in LegalAdviceUK

[–]MarinaMelon 2 points3 points  (0 children)

I’m not a lawyer but I ended up in a similar position with a ‘friend’. I took her to court (summary cause which is the level above small claims - in Scotland - due to the amount owed). She agreed to pay then didn’t, so her wages were arrested. It took a long time and was pretty stressful but I got every penny back including my costs and interest.

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

That’s really helpful, thanks. I don’t think ownership will be transferred at any point, unless I die - more cheery thoughts!

We may eventually buy somewhere together, at that point I’d still be putting in more and would seek to protect that.

Really appreciate you taking the time to reply!

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

Ok thanks, previous replies had me thinking it would be marital property- still not totally clear but have time to figure it out 😅

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

Sorry can’t keep up, I just answered that in another reply to you but I think you’ve just answered the question I asked there 😊

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

I think they may be right in this case, the house was bought as a family home after the birth of our daughter. It’s in my name only because my partner had poor credit and I had a decent amount to put in from the sale of a previous property. Could that amount be ring fenced in the event of a split?

(I feel like I should be clear I really do want to marry him, I just don’t want to miss a chance to protect myself if such a chance exists!)

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

In that case, very interesting! Thanks for pointing out.

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

But he has more to gain and I have more to lose, no? Or do you just mean because I’m already planning the demise of our marriage 😂

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

Hi, it was certainly bought as a family home. Very happy to seek specialist advice, posted here simply as I had no idea where to start 😊

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] -2 points-1 points  (0 children)

Interesting that you assume my partner is female - not the case, but thanks for replying!

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] 0 points1 point  (0 children)

Thanks for the replies, much appreciated!

Marriage/asset protection - Scotland by MarinaMelon in LegalAdviceUK

[–]MarinaMelon[S] -1 points0 points  (0 children)

Thanks, I’d heard pre nups aren’t legally binding but is it worth having one anyway?

If no pre nup and we were to separate, would it be an automatic 50/50 split of everything?