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  • FIRST POST
    • YasmineA90
    • By YasmineA90 8th Oct 16, 3:17 PM
    • 27Posts
    • 11Thanks
    YasmineA90
    Will partner have legal rights to house?
    • #1
    • 8th Oct 16, 3:17 PM
    Will partner have legal rights to house? 8th Oct 16 at 3:17 PM
    Hi there,
    I've been with my partner for 3 years (on and off) and we have a baby together. He has a low earning part time job and I work and bring in most money. I am buying our first house (other than previously renting together) and because of his bad credit history, debts and lack of money I have had to be the sole name on the mortgage. It is my life savings that I have used for the deposit as well as some of my parents gift money. Because he has no input on the whole house so far I'm wondering if we ever split up would he have legal rights to the house? Would he be able to claim interest in the house? I'm not taking rent or mortgage payments from him but I will expect him to contribute towards daily life, bills etc.
Page 1
    • marksoton
    • By marksoton 8th Oct 16, 3:26 PM
    • 16,509 Posts
    • 36,530 Thanks
    marksoton
    • #2
    • 8th Oct 16, 3:26 PM
    • #2
    • 8th Oct 16, 3:26 PM
    Just go it alone. I'm sorry but the bloke sounds like a complete waster.
    • bouicca21
    • By bouicca21 8th Oct 16, 3:54 PM
    • 3,244 Posts
    • 4,042 Thanks
    bouicca21
    • #3
    • 8th Oct 16, 3:54 PM
    • #3
    • 8th Oct 16, 3:54 PM
    Don't whatever you do make the mistake of marrying this waster, because that will definitely give him rights.

    Make sure you keep proof of exactly what he does contribute, compared to you.

    Better still take marksoton's advice. And maybe do a bit of self analysis and ask yourself why you want to be with a loser.
    • NicNicP
    • By NicNicP 8th Oct 16, 4:44 PM
    • 221 Posts
    • 121 Thanks
    NicNicP
    • #4
    • 8th Oct 16, 4:44 PM
    • #4
    • 8th Oct 16, 4:44 PM
    I'd ask for something to be drawn up by a solicitor to protect yourself.
    • glentoran99
    • By glentoran99 8th Oct 16, 4:51 PM
    • 4,857 Posts
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    glentoran99
    • #5
    • 8th Oct 16, 4:51 PM
    • #5
    • 8th Oct 16, 4:51 PM
    Just go it alone. I'm sorry but the bloke sounds like a complete waster.
    Originally posted by marksoton
    Based on the little the OP has said about him how can you make that judgement?
    • cjdavies
    • By cjdavies 8th Oct 16, 4:52 PM
    • 2,793 Posts
    • 2,795 Thanks
    cjdavies
    • #6
    • 8th Oct 16, 4:52 PM
    • #6
    • 8th Oct 16, 4:52 PM
    Who looks after the baby while you work now?

    If I assume the Dad, I fail to see how he is a loser/complete waster. Does that mean stay at home Mums are losers too?
    • FBaby
    • By FBaby 8th Oct 16, 4:58 PM
    • 16,090 Posts
    • 39,969 Thanks
    FBaby
    • #7
    • 8th Oct 16, 4:58 PM
    • #7
    • 8th Oct 16, 4:58 PM
    Is the 'waster' the one more involved in childcare and looking after the house? Funny how when it is the mother who works part time and is the main giver she not only expected to gain an interest in the property but be able to stay in the property if separating.

    When it is the man who isn't the main earner it is right away assumed he is a waster.
    • bouicca21
    • By bouicca21 8th Oct 16, 6:52 PM
    • 3,244 Posts
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    bouicca21
    • #8
    • 8th Oct 16, 6:52 PM
    • #8
    • 8th Oct 16, 6:52 PM
    Nothing to do with sexism, more to do with
    bad credit history, debts and lack of money
    • marksoton
    • By marksoton 8th Oct 16, 7:41 PM
    • 16,509 Posts
    • 36,530 Thanks
    marksoton
    • #9
    • 8th Oct 16, 7:41 PM
    • #9
    • 8th Oct 16, 7:41 PM
    Based on the little the OP has said about him how can you make that judgement?
    Originally posted by glentoran99
    Little?

    On and off relationship
    Part time work only
    Bad credit history
    Debts and lack of money
    Pays no rent

    Nope, you're right. She's got a right catch there....
    • Annisele
    • By Annisele 8th Oct 16, 8:03 PM
    • 4,285 Posts
    • 4,463 Thanks
    Annisele
    I am buying our first house.
    Originally posted by YasmineA90
    The "I" and the "our" have the potential for misunderstandings there.

    I think you really need to agree (with him) whether you're buying alone, or whether the two of you are buying together. Regardless of the legalities, it may kill your relationship if you assume one thing and he assumes another.

    Whatever you decide, legal advice would be a good plan.
    • Kynthia
    • By Kynthia 8th Oct 16, 9:00 PM
    • 5,022 Posts
    • 7,001 Thanks
    Kynthia
    You're living with this person, have a child with them and will be buying a home you plan for them to live in with you. Either you're building a life together or you are just dating and keeping finances seperate, if its the former then it seems cruel to keep the house seperate and for yourself but having a child together blurs the lines if it's the latter.

    Gaining a beneficial interest in a property isn't that easy but if someone takes it to court and can provide enough evidence to convince a judge then it can happen. An official cohabitation agreement from the start will make everyone's intentions clear. Also understanding how beneficial interest is gained so that you can avoid it happening would be useful research.
    Don't listen to me, I'm no expert!
    • TBagpuss
    • By TBagpuss 8th Oct 16, 9:29 PM
    • 6,041 Posts
    • 7,790 Thanks
    TBagpuss
    He might have a claim on the property, it would depend on a lot of factors - including how the two of you treat it, both now and in the future - the fact that you refer to is as 'our' house, for instance, and the fact that the property is in your name because he can't get a mortgage (rather than because you both agreed that he would have no interest in the house) would both, potentially, be relevant.

    If you woud not want this, or if you and he want to recognise that you have paid the deposit, then it would be sensible to have a cohabitation agreement drawn up, and to review it regularly.

    This would mean that you would have to discuss and agree on your jint intentions, which reduced the risk of a dispute later on, and while not legally enforceable, it would be strong evidence of your joint intentions which a court would take into account if things came to that.

    If you do, later, get married then be aware that a cohabitation agreement would normally be considered to come to an end on marriage so if, at that time, you still wanted to record that you own / have a bigger share in the house you would need to have a pre-nup.
    • trevormax
    • By trevormax 8th Oct 16, 9:31 PM
    • 847 Posts
    • 847 Thanks
    trevormax
    Little?

    On and off relationship Maybe the OP is the one not committed. She didn't give enough information.
    Part time work only Maybe he spends more time looking after the child so that the OP can work full time without paying massive childcare costs
    Bad credit history some bad decisions in the past. Maybe he had credit with a former partner which went bad. We don't have enough info.
    Debts and lack of money same as above. we don't have enough info
    Pays no rent OP doesn't say the partner doesn't pay rent. She says she wont be taking rent/mortgage payments from him. This could mean she wont charge him rent to live there or expect him to pay towards the mortgage

    Nope, you're right. She's got a right catch there....
    Originally posted by marksoton
    Doesn't make him a waste. My brother in law was a successful retail manager until my sister gave birth to a very ill child. They decided that he would quit his job while my sister continued to work full time (for financial reasons). Therefor he has debts (jointwith my sister), no money and doesn't pay towards the bills. This is entirely because he chose to look after their new child yet it was deffinately the right choice.

    The OP is not looking for relationship advice about dumping her partner and to the people suggesting she do this, tell me, would you suggest the same thing if the genders were reversed?

    What the OP has asked for is whether or not the partner gains any financial benefit to the house that she is buying on her own.

    OP, I would suggest you seek legal advice. Also maybe have a read of this link. Specifically, as he wont contribute to themortgage or buying the house, the payments he makes are indirect financial contributions, so the part about a Constructive Trust might apply. >>>https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-live-with-your-partner-relationship-breakdown-and-housing/if-you-live-with-your-partner-and-you-own-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-beneficial-interest-if-your-partner-owns-the-home/
    • marliepanda
    • By marliepanda 8th Oct 16, 11:49 PM
    • 4,797 Posts
    • 9,663 Thanks
    marliepanda
    If he IS a waster with debt and no money, get rid.

    If he ISNT a waster and is a carer for their child as some are suggesting, why deny him a share of the family home as father of the child...
    Survey Earnings 2017 - £163
    • Pixie5740
    • By Pixie5740 9th Oct 16, 9:08 AM
    • 11,107 Posts
    • 15,396 Thanks
    Pixie5740
    Sometimes when only one of a couple is purchasing the property the mortgage lender asks the other partner to sign a document declaring that they have no financial interest in the property so it's possible the OP's lender might do this.

    As for what her partner might be entitled to the answer is...well that depends. Shelter have this guide to housing rights for couples who are splitting up.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • bris
    • By bris 9th Oct 16, 10:37 AM
    • 7,050 Posts
    • 6,052 Thanks
    bris
    Just go it alone. I'm sorry but the bloke sounds like a complete waster.
    Originally posted by marksoton
    I don't get it, are all the people who have low income jobs all "complete wasters" then.


    I think your comment says more about you that the OP's other half considering there is nothing in the post to warrant that ridiculous statement.
    • datlex
    • By datlex 9th Oct 16, 1:15 PM
    • 1,415 Posts
    • 1,212 Thanks
    datlex
    From what I gather from conversations at work. The best policy is to make him legally a lodger, rent book etc - the rent you charge can be his share of bills.
    • Pixie5740
    • By Pixie5740 9th Oct 16, 1:28 PM
    • 11,107 Posts
    • 15,396 Thanks
    Pixie5740
    From what I gather from conversations at work. The best policy is to make him legally a lodger, rent book etc - the rent you charge can be his share of bills.
    Originally posted by datlex
    Are your colleagues rodgering their lodgers?

    They are either sharing the house with a partner whom they are live as one household and are building a future with, or they are lodgers, they cannot be both. Lodgers don't share a bed with their landlords they have their own bedrooms.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • YasmineA90
    • By YasmineA90 1st May 17, 8:58 PM
    • 27 Posts
    • 11 Thanks
    YasmineA90
    A bit late in the game replying here but thanks for all your answers. I wasnt very clear but my partner is a very doting daddy when im at work, and im very grateful he does far more work than I probably do, but for much less money. We have come to the agreement that the house will be equally ours once we are married. In the meantime im saving up to potentially buy a second house.. (Very far distant future plan haha)
    • Money maker
    • By Money maker 1st May 17, 9:21 PM
    • 4,851 Posts
    • 11,083 Thanks
    Money maker
    Yasmine, please read back your previous posts. You have described this relationship as violent and aggressive. Less than 10 months ago you wanted somewhere safe for you and your child. You described your OH in less than savoury terms. Please keep the interests of yourself and your child foremost - people rarely change to complete opposites of what they are.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed.

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite!
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