This article is about contracts and agreements e.g. rental agreement, mortgage agreement, loan from family member or
friend, credit card agreement, hire purchase agreement etc... and what you should be looking for to protect yourself and your
assets.
These are the kinds of agreements that affect most of us whether we have limited funds or a great deal of money.
Whether we are making these contracts and agreements with people we love and trust or whether we are making them with
strangers. There are some simple rules of thumb that we should all be looking at as they apply to most of us.
Historically, most countries did not recognise women's rights to own property. You could not get a
mortgage or credit without your husband's permission.
If you wanted to know about money, we were told not to worry our pretty little heads - so it became the man's job to
worry about money and the woman's job to take care of his personal needs and to be the heart of the house. He worked, he
provided for their needs, she took care of the children, the household chores and her husband's needs. Consequently when a
husband died or divorced her or just disappeared, she was left not knowing how to balance a chequebook, not knowing what
her mortgage rates were, or how responsible she was for paying that mortgage down. She had no knowledge of insurance
and was often left without insurance coverage for herself and her family. As far as her car was concerned, she knew how to
put the key in the ignition and get to the nearest service station.
Nowadays, women are in top positions in corporations but many of us still have our husband's making the major
decisions on things like insurance, mortgage rates, investments, medical coverage and pension plans.
It still occurs that when a woman gets into a relationship, she's always given her husband/partner dominion over her assets.
She could
come into a marriage with a house completely in her name and once she gets married and he wants to be put on the title to it,
she doesn't question it.
Women are also known to take the softer view. I love him, everything we have is ours. We share and share alike. I should
be putting the house in both of our names. WRONG, wrong, wrong.
If he wants to be put on the title, or you want him to be put on the title, get 3 evaluations of the house and let him give you
his share of the money for that house. After all if you are going into a business partnership and someone wants to buy into
your business, you would have your business valued at current prices, and that partner would have to buy in cash at the
current value. A house is no different. Once he is on that title, he can do anything with that house, he can take out loans against it, and he can walk out on you, or
he can mortgage it to the hilt and die leaving you with debt.
The same can be true of a man who owns property, but men usually cover themselves with pre-nuptial agreements. Us women,
historically have not been that smart. However, we have got smarter in recent years, generally our emotions are engaged so
quickly and so deeply, we often have to be reminded to protect our assets.
The same thing holds true if you own your own house and your spouse wants you to sell it so that you can move into a larger
place - once again, that partner should be compensating you with the value of his or her share of the house before you sell it.
Because if the marriage falls apart, either way you would lose out because when it comes to a division of assets - you only
own half of the new house and none of the house that you had in your own name before the partnership.
For example, I knew someone who had her own home that she had bought with her own money and had been living there for
a number of years and that house was almost paid off. Then she got married. The new husband moved in. A few months
later, he decided he didn't want to live in that house. He wanted them to sell it and live in another house. After their divorce
15 years later, all she was able to get was half of the new house and nothing of the house that she had originally.
When you are dealing with monies, even if you are in a deep relationship, with a family member, a friendship, your spouse
and you trust the other person deeply. You have had a lot of experience over the years and you think to yourself that you
don't need a written agreement - think again. You can never tell if or when the other person is going to back off and leave
you with the debts and responsibilities or if the other person is going to sell off their half of the partnership leaving you
unprotected.
You may trust this person wholeheartedly and may never had cause to doubt them - but circumstances can and often do
change. For example, I knew a guy who had been having marital problems with his wife. All his money was tied up with
hers and in their house. He was advised by a counsellor to start saving money in a different bank account from where he and
his wife had an account, a bank she knew nothing about. On New Years Day after everyone had left after a party, she threw
him out of the house and would not allow him to come back. Luckily, he had put some money aside in a separate bank
account. Had he not done this, he would not have had the money for a month's deposit on a lease and he would have been
out in the street.
If you have a quote from a builder with materials included, their suppliers could go out of business, the builders costs could
go up and your costs could go up accordingly. If you want to protect yourself on materials, open up an account at a builder's
merchant so that you can buy the materials yourself and you can get the most competitive prices. That way, when your
builder is quoting you prices for labour, you know you are just paying for labour and you can negotiate his labour costs,
especially now when construction work is in such short supply.
So as you can see, on a personal and a professional level, you always need a written agreement.
You can be in a romantic relationship or a marriage and all of a sudden your partner goes to the bank and draws all your
money and you are left with all the debts. And no matter how much you love someone, where there is money involved, make
sure everything is spelled out really well. Make sure your lawyer has covered everything and you are not leaving any
loopholes.
For example, I knew someone who had been married for 25 years and their only daughter was getting married. The wedding
was very expensive and as soon as they got home from their daughter's wedding, she started preparing for bed. She sees her
husband has a suitcase and he is emptying his drawers out into the suitcase. What are you doing? I am packing, I'm leaving
you. I just wanted to wait until our daughter got married and was out of the house so I could leave you. I have found
someone else. After 25 years of marriage, he just walked out and left her with a pile of debts.
If you being asked to sign anything e.g. a husband of 30 years - make sure a lawyer checks the paperwork. Ensure that
someone can explain it to you and don't be led like a lamb to the slaughter. In the end that partner may leave you, divorce
you or die and may leave you with a lot of debt. You need to know what you are going to be responsible for.
Another important point to remember is that if anyone wants you to sign papers quickly, your answer has to be NO. Don't
ever allow yourself to be rushed into a financial agreement. No matter how good the deal might sound, you need time to
assess whether it is right for you.
If you are ever asked to sign a lease, or a mortgage with your partner or spouse, make sure you understand it thoroughly.
Make sure you can afford it. People have a tendency when they sign a lease or a mortgage to figure out how much they can afford to spend each month. What they DON'T calculate into these costs is a failing economy, or one or both of the partners
being laid off or fired and they are out of work for an extended period of time and cannot find other employment.
So if you are contemplating signing a lease or a mortgage with a partner, make sure you calculate it for just one income,
because if you are basing it on two incomes in this economy you may find that you do not have enough money to cover the
rent or the mortgage.
Don't be embarrassed to tell your spouse or business partner that you want to speak to a lawyer to have him go over the fine
print with you. When signing a legal document, many people don't bother to read the fine print - or if they do bother to read
the fine print, they don't understand all the details. Wherever your money is being spent, that's where you need to be very
vigilant about your role in protecting it.
Article Source: https://EzineArticles.com/expert/Barbara_Goldsmith/416795