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Complexities of couples?

Hi all.

Can anyone advise on a guide(s) on the legalities of a couple buying a house. The main advice I'm looking for is rights and claims to property for different scenario's e.g. single person paying mortgage, equal contributions etc.

Please don't think me a miserable !!!!!!! Hope for the best, plan for the worst etc.

If there are any other posts discussing issues/experience please can you link?

Best regards,
Coeus.
Hope For The Best, Plan For The Worst

Comments

  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    It might be better if you tell us your actual or prospective scenario..?
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • n90bar
    n90bar Posts: 101 Forumite
    Part of the Furniture Combo Breaker
    edited 25 April 2010 at 4:37PM
    Without hijacking Coeus thread I am also interested in some advise. My situation - me and the girlfriend live together in a house that I raised the deposit for and I pay the mortgage. She gives me £300 "rent/share of bills" if you like per month which goes into my account.

    I'm not sure either where I would stand if we were to split?
  • Coeus
    Coeus Posts: 292 Forumite
    It's all prospective at the moment. I'm a very trustful guy but if anything were to happen after moving in together I wan't assurance that its not going to get in a fight. Each person should know what he/she is entitled to from the offset of agreeing to purchase a house.

    For arguement's sake say I would be putting in all the money (deposit and mortgage). I would take it that a co-habiting girlfriend would have no claim to the home?

    However if it were a % split on deposit and mortgage repayment, would both parties be entitled to an equal share of the home? Could one force the other to sell to release the equity?

    Also in n90bar's case I am curious to know the outcome. How would court's see payment towards bills for a property in relation to a claim of ownership?

    A house is a very big commitment and I'm a very cautious guy with money. Everything is fine and dandy now, would just like to know what each of us should expect if things went sour.

    Thanks for the replies!
    Coeus.
    Hope For The Best, Plan For The Worst
  • Kyrae
    Kyrae Posts: 541 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Coeus... Safest option would probably be to get a deed of trust drawn up by a solicitor to say who gets what in the event of a break up, and what happens if one person wants to sell the house. One solicitor draws it up on behalf of eg. the boyfriend... another solicitor checks it on behalf of eg. the girlfriend... alterations are made if needed, until both people are happy and consider it fair. It's then stored away somewhere safe, and if a break up ever happens then the people can do exactly what they agreed in the deed, and hopefully no arguing! :)

    n90bar... it would probably depend on whose names are on the mortgage and house deeds.
  • If both names are on the mortgage, then both will share liability.

    If only one name is on the mortgage, then that name alone is gonna have to pay - the lender will have no interest in any civil dispute between warring partners.
  • n90bar
    n90bar Posts: 101 Forumite
    Part of the Furniture Combo Breaker
    Sorry I should probably have been abit fuller in my previous post. Im my case the mortgage and the deeds are purely in my name.
  • n90bar wrote: »
    Sorry I should probably have been abit fuller in my previous post. Im my case the mortgage and the deeds are purely in my name.

    Then you alone will be liable for the debt - in the event of a split, then either you or your partner may decide to pursue the other for compensation, but that will be a matter between the two of you - your lender will not be involved, and will pursue you and you alone.

    DC
  • n90bar
    n90bar Posts: 101 Forumite
    Part of the Furniture Combo Breaker
    Im quiet happy for the girlfriend to pay the £300 per month - my concern wheither she would be entitled to a share of the house....?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    If it's your house and you pay all the ownership costs.

    Charge her rent as a lodger or don't move her in full time

    if she trusts you it will all be fine when you become a real couple:)
  • Sammy85_2
    Sammy85_2 Posts: 1,741 Forumite
    Just make sure the mortgage payment comes from your bank account and that her rent doesnt equal half of the mortgage, then it cant ever be seen as her paying half of it.
    :jProud mummy to a beautiful baby girl born 22/12/11 :j
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