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    • englishrosie
    • By englishrosie 17th May 17, 10:27 AM
    • 6Posts
    • 8Thanks
    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 2
    • no1catman
    • By no1catman 17th May 17, 12:59 PM
    • 2,493 Posts
    • 1,902 Thanks
    no1catman
    Can't you be named on the mortgage and deeds with a nil income?
    Strange.
    Originally posted by PeacefulWaters
    Yes, my Partner had no income few assets - when we moved from terraced house, to a semi, no problem with the Building Society with the offset mortgage pass books given in both names.
    No problem with conveyancer, either.

    Mortgage paid off early, a decade on still here.

    I'm a bit suspicious of the guy here, is he telling her 'fake facts' for his own ends!?
    Perhaps, she should seek independent advice.
    I used to work for Tesco - now retired - speciality Clubcard
    • BrassicWoman
    • By BrassicWoman 17th May 17, 1:02 PM
    • 1,215 Posts
    • 4,931 Thanks
    BrassicWoman

    I'm a bit suspicious of the guy here, is he telling her 'fake facts' for his own ends!?
    Perhaps, she should seek independent advice.
    Originally posted by no1catman


    Me too; in the 80s the world was full of joint mortgages and non working wives
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    • qwert yuiop
    • By qwert yuiop 17th May 17, 1:04 PM
    • 1,849 Posts
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    qwert yuiop
    You're not actually buying a house with your boyfriend. You're helping your boyfriend to buy himself a house.
    • andrewmp
    • By andrewmp 17th May 17, 1:17 PM
    • 1,520 Posts
    • 775 Thanks
    andrewmp
    Me too; in the 80s the world was full of joint mortgages and non working wives
    Originally posted by BrassicWoman

    She's not his wife and he won't get the mortgage if she and her childr were living there.
    • gingercordial
    • By gingercordial 17th May 17, 1:18 PM
    • 936 Posts
    • 875 Thanks
    gingercordial
    Hi All,

    but I need to know I'd be protected somehow should it go south.
    Originally posted by englishrosie
    You're not protected. He could leave you tomorrow, walk out and never call you again, and happily buy his house with the money you gave him as a present.

    It'd be no different if you split up tomorrow and expected him to give back to you anything you'd bought him for his birthday, ie he doesn't have to. In fact worse, because he's actually got a legal document from you saying the money's a gift with no obligation to repay.

    He could do this now or in five years time, just one morning telling you to get out of his house.

    Or he could be run over by a bus, and if there's no will leaving it to you the house automatically goes to his next of kin (likely his parents) and they tell you to leave because they want to sell.

    So the question is: how much do you trust him? How serious do you think this relationship is? And if the answer is that it is very serious and you trust him, why not get married or wait and buy together?
    • leespot
    • By leespot 17th May 17, 1:27 PM
    • 547 Posts
    • 432 Thanks
    leespot
    You're not protected. He could leave you tomorrow, walk out and never call you again, and happily buy his house with the money you gave him as a present.

    It'd be no different if you split up tomorrow and expected him to give back to you anything you'd bought him for his birthday, ie he doesn't have to. In fact worse, because he's actually got a legal document from you saying the money's a gift with no obligation to repay.

    He could do this now or in five years time, just one morning telling you to get out of his house.

    Or he could be run over by a bus, and if there's no will leaving it to you the house automatically goes to his next of kin (likely his parents) and they tell you to leave because they want to sell.

    So the question is: how much do you trust him? How serious do you think this relationship is? And if the answer is that it is very serious and you trust him, why not get married or wait and buy together?
    Originally posted by gingercordial
    If he died intestate his estate goes to his children in equal shares. His parents get nothing.

    OP - you have no protection in any of this, including the £3500 on your credit card. He isn't obliged to give you a penny back of any of the money if your relationship goes wrong.
    • DarkShadow
    • By DarkShadow 17th May 17, 2:11 PM
    • 142 Posts
    • 60 Thanks
    DarkShadow
    Get married.

    If you were 1% serious of the relationship, you wouldnt agree to a live in arrangement. EIther marry and live together as a team or part ways and be friends.
    Bank accounts
    Santander : 14 year relationship, 0 problems to date.
    • gingercordial
    • By gingercordial 17th May 17, 2:35 PM
    • 936 Posts
    • 875 Thanks
    gingercordial
    If he died intestate his estate goes to his children in equal shares. His parents get nothing.
    Originally posted by leespot
    Oops, you're correct, I'd forgotten he has a child.

    Either way it won't be going to the OP without a will.
    • leespot
    • By leespot 17th May 17, 2:43 PM
    • 547 Posts
    • 432 Thanks
    leespot
    Oops, you're correct, I'd forgotten he has a child.

    Either way it won't be going to the OP without a will.
    Originally posted by gingercordial
    I'd personally not be putting too much emphasis on the will either. He can create the will to reflect what the OP is asking for, but nothing to stop him changing it once he has the keys to the house (or if the relationship goes wrong). OP - proceed with caution, you are putting yourself and your children in a really tight spot should anything to wrong with the relationship.
    • Rachel83
    • By Rachel83 17th May 17, 3:45 PM
    • 270 Posts
    • 467 Thanks
    Rachel83
    You can get married for under £300 much easier to set your mind at ease!
    • leespot
    • By leespot 17th May 17, 4:04 PM
    • 547 Posts
    • 432 Thanks
    leespot
    Getting married isn't going to make all that much difference to be honest, still doesn't automatically mean she's entitled to the house.
    • Mojisola
    • By Mojisola 17th May 17, 4:45 PM
    • 27,804 Posts
    • 70,619 Thanks
    Mojisola
    Getting married isn't going to make all that much difference to be honest, still doesn't automatically mean she's entitled to the house.
    Originally posted by leespot
    After five or so years of marriage, it would become an asset of the marriage but a lot could happen before then.
    • leespot
    • By leespot 17th May 17, 4:53 PM
    • 547 Posts
    • 432 Thanks
    leespot
    After five or so years of marriage, it would become an asset of the marriage but a lot could happen before then.
    Originally posted by Mojisola
    Agreed. I don't think there's much can be done to help the OP's situation based on the fact's they've shared with us. All of the benefit of the arrangement at the moment seems to sit with the partner and his children.
    • unholyangel
    • By unholyangel 17th May 17, 5:01 PM
    • 10,950 Posts
    • 8,218 Thanks
    unholyangel
    You're not protected. He could leave you tomorrow, walk out and never call you again, and happily buy his house with the money you gave him as a present.

    It'd be no different if you split up tomorrow and expected him to give back to you anything you'd bought him for his birthday, ie he doesn't have to. In fact worse, because he's actually got a legal document from you saying the money's a gift with no obligation to repay.
    Originally posted by gingercordial
    OP said they didn't sign anything - just that if they "officially" wanted to contribute to the deposit, they'd have to sign a declaration stating it was a gift.

    Likely a result of the terms of the mortgage/a measure for the lender to protect their investment - lest the remaining share (should the person paying the deposit successfully argue they're entitled to a share) be inadequate to satisfy their charge.
    Money doesn't solve poverty.....it creates it.
    • davidwood123
    • By davidwood123 18th May 17, 9:54 AM
    • 398 Posts
    • 975 Thanks
    davidwood123
    Personally, I think the OP's boyfriend is crazy causing all trouble for the sake of £5000.

    He's the one putting in the vast majority of the money. He's the one with more to lose.
    • jackieblack
    • By jackieblack 18th May 17, 10:12 AM
    • 6,999 Posts
    • 9,073 Thanks
    jackieblack
    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
    Absolutely no guarantee of that.
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    • Malthusian
    • By Malthusian 18th May 17, 12:11 PM
    • 2,385 Posts
    • 3,302 Thanks
    Malthusian
    Getting married isn't going to make all that much difference to be honest, still doesn't automatically mean she's entitled to the house.
    Originally posted by leespot
    Other than that it eventually becomes an asset of the marriage as someone else mentioned, marriage also invalidates the boyfriend's previous Will (unless explicitly made in contemplation of the new marriage). If he then died without making another one, the OP as his spouse would be entitled to £250,000 of his assets plus half of the remainder. The boyfriend's child(ren) would get the rest.
    • cashbackproblems
    • By cashbackproblems 18th May 17, 12:34 PM
    • 1,675 Posts
    • 639 Thanks
    cashbackproblems
    Well hes putting in far bigger deposit than yours so in his case id make sure you werent entitled to 5050 upon sale to make it fair

    Theres little you can do i would be inclined just to pay him rent and assume its not your house and once your meet mortgage criteria can add ur name on property
    • no1catman
    • By no1catman 18th May 17, 12:44 PM
    • 2,493 Posts
    • 1,902 Thanks
    no1catman
    Personally, I think the OP's boyfriend is crazy causing all trouble for the sake of £5000.

    He's the one putting in the vast majority of the money. He's the one with more to lose.
    Originally posted by davidwood123
    Looking at it from his perspective, it may be he's afraid of marriage - or rather the divorce settlement, if it all goes 'pear shaped'!
    But they need to find an arrangement that safeguards both their interests.

    I go back to a previous comment tha she needs to get independent advice.
    I used to work for Tesco - now retired - speciality Clubcard
    • jackieblack
    • By jackieblack 18th May 17, 1:38 PM
    • 6,999 Posts
    • 9,073 Thanks
    jackieblack
    Lack of response from the OP would indicate that she's not getting the responses she was hoping for...


    A fairly common phenomenon IME
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