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    • englishrosie
    • By englishrosie 17th May 17, 10:27 AM
    • 6Posts
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    englishrosie
    Buying house with Boyfriend but only his name on the mortgage...how can I protect me?
    • #1
    • 17th May 17, 10:27 AM
    Buying house with Boyfriend but only his name on the mortgage...how can I protect me? 17th May 17 at 10:27 AM
    Hi All,

    Me and my partner are moving into a new build house together. I am self employed and have been so for under a year, so when we went for the mortgage we had to do it in his name only.

    Although I am not worried about our relationship, I know from past experience in a long term relationship that this may not always be the case. I just want to know if I can and how protect my interests in the house should we ever split up.

    I am giving money towards the deposit, although not officially because the solicitor said if i contribute I have to write a gifting letter stating no claim to the house. My partner just scraped through getting the mortgage for just him stating his son will be living there. But myself my 2 children and his other daughter will also be moving in once he gets the house. So I have just put the funds into his bank account from mine. My contribution will be around £5000 His is larger as he got some inheritance from his Nan's passing so he'll be putting in around £26000.

    The finishing touches on our new build have also been put onto my credit card totaling £3500.
    Which we will clear off together. We both put into the bills 50/50 and will in the new house including the mortgage. We are not married or engaged as yet although hope to be in the future, but I need to know I'd be protected somehow should it go south. Not just for me or even my daughter who is 20 now, but mostly for my disabled son.

    Any advicewould be greatly appreciated
Page 1
    • andrewmp
    • By andrewmp 17th May 17, 10:51 AM
    • 1,520 Posts
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    andrewmp
    • #2
    • 17th May 17, 10:51 AM
    • #2
    • 17th May 17, 10:51 AM
    Did your mortgage advisor tell you to pretend you weren't gifting him a deposit?

    Will the lender not wonder where they money came from? Sounds like you're taking a huge risk to me. Good luck.
    • csnann
    • By csnann 17th May 17, 11:13 AM
    • 427 Posts
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    csnann
    • #3
    • 17th May 17, 11:13 AM
    • #3
    • 17th May 17, 11:13 AM
    There is nothing you can do to protect your money. You have signed a legal declaration stating that the money was a gift, so even if you tried to go to court, you would be risking a fraud charge against you from the mortgage company. Didn't you know that making false declarations in a financial contract is a crime?
    • englishrosie
    • By englishrosie 17th May 17, 11:15 AM
    • 6 Posts
    • 8 Thanks
    englishrosie
    • #4
    • 17th May 17, 11:15 AM
    • #4
    • 17th May 17, 11:15 AM
    I've not signed anything, just put some money into his account each month, which he's put into his savings after.
    • Mojisola
    • By Mojisola 17th May 17, 11:17 AM
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    Mojisola
    • #5
    • 17th May 17, 11:17 AM
    • #5
    • 17th May 17, 11:17 AM
    I've not signed anything, just put some money into his account each month, which he's put into his savings after.
    Originally posted by englishrosie
    So the money is his - he could walk away with it and there's nothing you could do; he can use it to pay for the house in his name and you have no claim on it.
    • englishrosie
    • By englishrosie 17th May 17, 11:18 AM
    • 6 Posts
    • 8 Thanks
    englishrosie
    • #6
    • 17th May 17, 11:18 AM
    • #6
    • 17th May 17, 11:18 AM
    I'm not worried about getting the deposit money back, its just that after say 10 years we break up, but i've been helping pay the mortage that I will be entitled to some of the house for my contributions
    • itsanne
    • By itsanne 17th May 17, 11:19 AM
    • 4,491 Posts
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    itsanne
    • #7
    • 17th May 17, 11:19 AM
    • #7
    • 17th May 17, 11:19 AM
    Are you sure you can give him the money like that? The £5000 you've put into his account will show up as having been recently deposited and is likely to be queried by his mortgage provider. (I've recently gifted money to my daughter towards a house purchase and seen how thoroughly her finances were checked.)
    . . .I did not speak out

    Then they came for me
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    To speak out for me..

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    • Candyapple
    • By Candyapple 17th May 17, 11:19 AM
    • 2,170 Posts
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    Candyapple
    • #8
    • 17th May 17, 11:19 AM
    • #8
    • 17th May 17, 11:19 AM
    http://www.thisismoney.co.uk/money/experts/article-2782167/How-protect-youre-buying-home-partner-arent-married.html
    I'm a Board Guide on the Credit Cards, Loans, Credit Files & Ratings boards. I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Any views are mine and not the official line of moneysavingexpert.com
    • Angry Bear
    • By Angry Bear 17th May 17, 11:21 AM
    • 1,869 Posts
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    Angry Bear
    • #9
    • 17th May 17, 11:21 AM
    • #9
    • 17th May 17, 11:21 AM
    I'm not worried about getting the deposit money back, its just that after say 10 years we break up, but i've been helping pay the mortage that I will be entitled to some of the house for my contributions
    Originally posted by englishrosie
    You won't. You *might* be able to argue that you have a beneficial interest in the house and get some share of any equity. But you'd have to fight it through court and it would be expensive and far from straight forward.
    Do you not know that a man is not dead while his name is still spoken?
    ― Sir Terry Pratchett, 1948-2015
    • Mojisola
    • By Mojisola 17th May 17, 11:23 AM
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    Mojisola
    Beneficial interest - but it isn't cheap to go to court to get your rights.

    www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/#h-housing
    "If you don't have children and your partner is the sole owner, the only way you may be able to claim long-term rights to the property is if you are able to show you have a 'beneficial interest' in it.

    This is a way of getting a court to formally recognise contributions you have made towards the home. The court could also recognise an understanding you had with your ex-partner when you bought the home that you would have a share in it if it were sold.

    If you are able to prove you have a beneficial interest in the home, you may be able, for example, to get the right to live in the home, prevent your ex-partner from living there or get a share of the proceeds if the home is sold."
    • itsanne
    • By itsanne 17th May 17, 11:26 AM
    • 4,491 Posts
    • 10,367 Thanks
    itsanne
    Hi All,

    I am self employed and have been so for under a year, so when we went for the mortgage we had to do it in his name only.
    Originally posted by englishrosie
    I'm not worried about getting the deposit money back, its just that after say 10 years we break up, but i've been helping pay the mortage that I will be entitled to some of the house for my contributions
    Originally posted by englishrosie
    Once you've been self-employed long enough to be accepted on a mortgage, I would suggest you have your name added. I believe you need 2-3 years proof of income, so that means you could get it sorted either in a year's time or one more year beyond that - no need to be worrying about what happens ten years from now.
    . . .I did not speak out

    Then they came for me
    And there was no one left
    To speak out for me..

    Martin Niemoller
    • PeacefulWaters
    • By PeacefulWaters 17th May 17, 11:31 AM
    • 6,559 Posts
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    PeacefulWaters
    Can't you be named on the mortgage and deeds with a nil income?

    Strange.
    • andrewmp
    • By andrewmp 17th May 17, 11:37 AM
    • 1,520 Posts
    • 775 Thanks
    andrewmp
    Can't you be named on the mortgage and deeds with a nil income?

    Strange.
    Originally posted by PeacefulWaters
    You can, but they'll be pretending she isn't going to be living there as if she said she was then he'd fail the affordability test. If this wasn't the case then they'd just buy together and disregard his income.

    In short, she's taking a big risk.
    • jackieblack
    • By jackieblack 17th May 17, 11:38 AM
    • 6,999 Posts
    • 9,072 Thanks
    jackieblack
    It's really not 'Buying house with Boyfriend but only his name on the mortgage', it's 'My Boyfriend is buying a house in his sole name and I am giving him money to enable him to do this'.
    Also, if he tells the mortgage company that you (and any other person 18+, including children) are going to be living there you will have to sign a document stating no residential rights in case he doesn't pay the mortgage and they need to evict you.
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    • davidwood123
    • By davidwood123 17th May 17, 11:42 AM
    • 393 Posts
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    davidwood123
    For the sake of £5000 your boyfriend should just pay you it back asap and both of you start to enjoy living together.

    It's not as if you're married
    • Pixie5740
    • By Pixie5740 17th May 17, 11:52 AM
    • 10,589 Posts
    • 14,547 Thanks
    Pixie5740
    Doing things the way you are you cannot protect yourself. You are leaving a big open goal by being dishonest in order for your boyfriend to secure a mortgage. Why the big rush now? Some lenders accept self-employed people's income with 1 years of accounts, some 2 years and the majority 3 years.

    Hopefully in 2 or 3 years, whenever your boyfriend's mortgage deal comes to and end, you will be able to apply for a joint mortgage with him and can then have a declaration of trust drawn up. Alternatively you could just get married.
    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.
    • rpc
    • By rpc 17th May 17, 12:11 PM
    • 2,280 Posts
    • 3,467 Thanks
    rpc
    Get married?

    It's by far the easiest way to give you the protection that you are after.
    • macman
    • By macman 17th May 17, 12:40 PM
    • 40,935 Posts
    • 16,751 Thanks
    macman
    Has your boyfriend made a will, passing the house to you, or does he intend to do so? If not, then in the event of his death you will have no automatic claim on his estate: his children will inherit equal shares if he is intestate.
    No free lunch, and no free laptop
    • Mojisola
    • By Mojisola 17th May 17, 12:44 PM
    • 27,804 Posts
    • 70,618 Thanks
    Mojisola
    We both put into the bills 50/50 and will in the new house including the mortgage.

    We are not married or engaged as yet although hope to be in the future, but I need to know I'd be protected somehow should it go south.

    Not just for me or even my daughter who is 20 now, but mostly for my disabled son.
    Originally posted by englishrosie
    Not married and not on the deeds and with a disabled child - you could be given 24 hours to get out of the house if the relationship went wrong. Before you put any more money into your OH's house, make sure you build up a fund big enough to pay for emergency accommodation and a deposit on a rental, etc.

    If he doesn't write a will now leaving the house - or part of it - to you, you will have big problems if he dies young.
    • BrassicWoman
    • By BrassicWoman 17th May 17, 12:56 PM
    • 1,215 Posts
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    BrassicWoman
    Get married, get your deposit back, or accept you've just given him an awful lot of money as a gift.


    You can't be a knowing party to mortgage fraud and then expect protection from the law.
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