Advice on co-habitation/new house

catlover32

I hope this is the correct thread!

I currently live with my partner - I own a house which I rent out. We are buying a new house (I am still keeping my rented out house), but the mortgage will be in his name (he earns a lot more than me - there may be problems with my name on the mortgage in getting the credit).

I will be paying food/household bills. I realise I need some kind of co-habitation or declaration of trust drawn up to protect myself as we are not married. I am currently expecting our first child. We have discussed this and he agrees, but we don't really know where to start.

Are there any good websites with advice on this issue? Has anyone else done this before? I want to have an interest in the property, but have no idea what I should be asking for, share or %-wise!

thanks for any advice
Liz

VIGILANT22

Simple ...............speak to a solicitor!

gizmo111

www.ondivorce.co.uk usually deals with the after event - but should be able to help with precautions so to speak.

catlover32

Hmmm...when we set up the agreement of course we'll speak to a solicitor - but for now i just wanted to get a sense of what it is/what i'm asking for etc...

CLAPTON

why can't you be on the mortgage and hence the deeds?

catlover32

As I don't think the mortgage would go through? I have bad credit in the past?

gizmo111

Whose putting the deposit down.
What sort of share will he have in your house?
Are you both working?
Who will be paying the mortgage?
Do you have any plans to marry?
Do you want to have equal shares in his house and he in yours?
If you split who will look after the child?
Too many thing to jsut give a template answer, and with a child your rights and what a court may award will be different than if you were childless.

catlover32

Lol - very thorough list of questions!
Partners putting down deposit, and will pay all of the mortgage.
Re share therefore that means he'll own the house outright and have 100% share, unless we get a declaration of trust/cohab agreement which recognises the below?
i.e. We are both working full-time - the idea is that his salary will cover mortgage and mine bills and food. I'll also pay half towards any household upkeep e.g. decorating etc.
I don't want necessarily an equal share, just something that recognises my input into the house.
No plans to marry as yet but it may be on the cards in the future - next few years? We are having a child together/talk about the future etc.
We haven't discussed childcare on splitting - but I guess I would have residential custody.
Y it's complicated - maybe we're best not having any agreement - I don't know!

catlover32

I wonder if anyone on the boards has had experience of cohabitation agreements? What I'm wondering is, if it's reasonable to ask for a share of the equity from the point we move in together, so partner protects his deposit etc. I guess I need to speak to a family solicitor. all seems v complicated!