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Pre-marital advice sought

  • 06-12-2010 6:07pm
    #1
    Registered Users, Registered Users 2 Posts: 20



    In around six months time my partner and I are getting married. We want to protect ourselves financially. Here’s our situation.

    Grantosol = that’s me

    Mixen = That’s Grantosol’s bride to be

    Jane = That’s Mixen’s former housemate.


    Grantosol owned a house in the UK. He sold it recently and has a lump sum put away in the UK. Grantosol and Mixen are living together in Ireland.

    Ten years ago, Mixen and her friend Jane bought a house together. They took out a mortgage. Then about five years ago, they bought a second investment property together. When the crash came, Mixen and Jane rented out both properties. The rent doesn’t cover the mortgages, but worse still both properties are in negative equity. However both Mixen and Jane are working and the mortgages are getting paid.

    Question: After Grantosol and Mixen are married, can the building society go after Grantosol’s savings if Mixen gets into financial difficulties?

    Question: If Mixen dies before Grantosol, does Grantosol automatically receive a share in Mixen’s properties/death? I should add that I don’t want this. Mixen’s wish is that her properties are left to Jane.

    Any help would be appreciated

    Grantosol


Comments

  • Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    Question: After Grantosol and Mixen are married, can the building society go after Grantosol’s savings if Mixen gets into financial difficulties?
    No.
    Question: If Mixen dies before Grantosol, does Grantosol automatically receive a share in Mixen’s properties/death?
    Yes, he would get all of it should there be no will, or children. If there is a will he is entitled to 50%.

    See http://www.probate-ireland.com/intestacy.htm and http://www.solicitor.net/our-services/wills-probate.111.html#9
    I should add that I don’t want this. Mixen’s wish is that her properties are left to Jane.
    That can't happen if she is married to Grantosol. The Succession Act 1965 covers it.


  • Registered Users, Registered Users 2 Posts: 20 Grantosol


    [QUOTE=
    That can't happen if she is married to Grantosol. The Succession Act 1965 covers it.[/QUOTE]

    Thats really interesting Haddockman. Thanks for the advice.

    Grantosol


  • Closed Accounts Posts: 1 Fee1


    Sorry to contradict but - If they hold the property as joint tenants, which they probably do, the property will not fall within the estate on Mixen's death - it will pass automatically to Jane and Grantisol will have no claim to it whether a will is made or not.


  • Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Grantosol wrote: »
    Pre-marital advice sought
    Run! :pac:


    /slaps own hand.


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