Girlfriend moving in

whittboy · 12 February 2010 at 8:44PM

Hi, this has probably been dealt with before but I've searched around and can't find anything that relates to my specific circumstances, sorry if I've missed something.

My family have expressed concern and asked me to look into this,

Basically, my girlfriend is moving in with me in a few months, I own my house, well I have a mortgage but I own it. We have been together 4.5 years but have no kids or joint bank accounts or anything financial at all.

The agreement essentially is that I will carry on paying all of the bills and mortgage as I currently do and she will set up a direct debit to my account for half of the amount every month.

The question is, if we split up in a few months or years or whatever will she have any rights to my house? I have no problem with her having some cash to repay whatever balance she has paid off the mortgage or whatever but I just don't want to risk losing my entire house, or half of it? And of course if, as planned, we stay together and get married or whatever she gets half of it anyway. Her friends have all been telling her that she will own half of my house after a few months or whatever but that just doesn't sound right.

I've read conflicting reports about common law wife stuff and that it doesn't actually exist but then all of the other posts Iv'e read have kids involved or one person supporting the other where as we are 50/50 (she actually earns more than me) and no kids.

Any advice is appreciated

RAS · 12 February 2010 at 8:56PM

The first thing is do not, as another OP's friend had done, put her on the mortgage or the deeds.

Secondly, are you in scotland or England and Wales as the rules are different.

If you were to marry in England and the relationship broke down within 2 years, the courts would return each of you to the situation you were in prior to marriage, which means neither of you would not benefit from the marriage.

There is no such thing as common law marriage in England and Wales and I am very concerned that her friends have been suggesting there might be financial gain if she moves in.

clutton_2 · 12 February 2010 at 9:02PM

""I am very concerned that her friends have been suggesting there might be financial gain if she moves in.""

i am very concerned about this also.....

david29dpo · 12 February 2010 at 9:02PM

If she has "friends" like this, i would be very worried.

whittboy · 12 February 2010 at 9:34PM

We're in England,

Her friends don't mean it in a bad way, it just came up because one of her friends has just bought a house with her bf so they were talking about it, I've been with her for over 4 years, she's not after my money, trust me on that :rotfl:

She knows she isn't going on the mortgage unless, like I say, we get married. She really isn't after my money, she doesn't really care about money I'm just checking to make my parents happy more than anything but it's always good to be sure.

So essentially then so long as I don't put her on the mortgage she cant have half of my house?

BitterAndTwisted · 12 February 2010 at 9:39PM

What I think you should do is keep the mortgage and the deeds in your name only and charge her an amount per month which is the equivalent of what she would pay for a flat-share. No joint bank accounts and you pay the mortgage and all of the bills yourself as already planned also do not let her make any contribution towards any improvements you might choose to make to the property.

Her friends' attitude is a worry and I hope your g/f isn't thinking along these lines as well.

Drodough · 12 February 2010 at 9:39PM

She cannot have a penny. Zilch, zero. If you got married and did not draw something up, then the marriage broke down, she could make a claim (but may still not get half- the courts would decide). If you add her to the deeds, then she would almost certainly get half of the value of the house (married or not!). But, as things stand, no, even if she paid all your mortgage payments and bills for the next year she would entitled to precisely nothing if you split up. HTH (been through this with my ex-partner's ex!)

Just to add to this for any others in this position- please see my later post- if the girlfriend could prove an 'intention to share' the property value- then she could try and pursue a claim!

whittboy · 12 February 2010 at 9:46PM

Thanks that's great, exactly what I wanted to hear, I thought that would be the case but you hear so many stories about this I didn't really know what to think.

Thanks again

clutton_2 · 12 February 2010 at 10:02PM

whitboy - with the greatest respect to Drodough - i would be tempted to get some proper legal advice before deciding exactly whose advice to take from a public forum.... many solicitors have a free half hour surgery.... do you have free legal advice as part of your insurances ? maybe CAB might be able to answer your questoin

as it is - you have taken the first answer that you WANT it to be the right answer.....

thats why you say ""Thanks that's great, exactly what I wanted to hear"

it may be what you want to hear.. but is it correct ?

i dont know if the answer drodough gave is true or not - but verification with an expert would be good....

if DD comes back and says he is a divorce solicitor i would be MOST pleased !!!

whittboy · 12 February 2010 at 10:20PM

Thanks for the concern, I understand, I'll consult CAB anyway just to be sure,

thanks all

mark5 · 12 February 2010 at 11:23PM

I agree with Clutton on this one, go and see a solicitor not CAB, even if it costs you a few £100, it might be the best money you ever spent in a few years time.

Girlfriend moving in

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