Cohabitation Agreement websites.

halo1234

Wasn't sure where best to post this question.

My girlfriend & her daughter are moving into my home in the next few weeks. I own the home with a reasonable amount of equity & valuable items in the home. My partner is dept free to the best of my knowledge but has limited finances.

I would like to have a Cohabitation Agreement put in place. However the cost from the high street solicitors is £500+. I've noticed a number of online sites offering this service for substantially less.

I wondered if anyone has any advice or experience on this matter.

Thanks

jamesb1239

and hopefully when you propose that she runs a mile! moving in with somebody is a big thing and in my view it is when you share EVERYTHING! whats mine is yours and all that

BitterAndTwisted

If you are in any doubt about the future of this relationship and want to protect your assets you really don't need any "Cohabiting Agreement": just DO NOT ACCEPT ANY PAYMENT THAT COULD BE CONSTRUED AS RENT AND DON'T SET UP A JOINT BANK-ACCOUNT TOGETHER. I would advise you to share the utility and food bills but the pay the Council Tax even though you will lose your sole occupancy discount

tbs624

jamesb1239 wrote: »

and hopefully when you propose that she runs a mile! moving in with somebody is a big thing and in my view it is when you share EVERYTHING! whats mine is yours and all that

That's a lovely thought but there are many couples who wish they had thought things through in advance. You may not feel quite so "loved up" and generous if further down the line the GF met someone else and proceeded to try to go for half of what you had built up prior to meeting her,leaving you with no option but to sell up.

OP - you can get agreements from sources such as desktop lawer and Lawpack *but* you really need to have independent legal advice.

If you simply buy an off the peg agreement and ask your GF to sign it, you may leave yourself open to the question of "duress", as the agreement would clearly be of greater benefit to you than to her.

It's important that you both have legal advice on this issue. Shop around, as you would for anything else:the fees should be similar to those for will prep.

MobileSaver

jamesb1239 wrote: »

moving in with somebody is a big thing and in my view it is when you share EVERYTHING! whats mine is yours and all that

That's a very naive viewpoint and poor advice for the real world.

Based on your philosophy a barmaid earning minimum wage moves in with millionaire boyfriend, 3 months later decides she wants to go back to her previous boyfriend and is entitled to take half a million with her...

Particularly where there is a big difference in respective financial situations, getting a legal agreement up front on what happens if things don't work out is a sensible and adult approach to take.

MobileSaver

tbs624 wrote: »

you may leave yourself open to the question of "duress",

It's important that you both have legal advice on this issue.

Agree with tbs that it's important you both get legal advice.

There's nothing to stop you paying for your GF's legal advice so long as you don't stipulate she must use a particular solicitor. What you can do is say you'll contribute up to say £200 to ensure you keep some control over costs.

While the final bill may be £500 or more, if you've reasonable equity in your property this could be money very well spent if things don't work out further down the road.

madmish00

I have a 'deed of arrangements' which we drew up before purchasing our first house together. If you want to PM me I will email you a copy so you can get an idea - however it is structured towards joint purchase of a property rather than a partner moving in to an existing property.

However, what was stated about duress is something to consider. We both have legal backgrounds and signed in the presence of our conveyancer when exchanging contracts on the property we bought so the issue of duress was not a major issue. However such agreements are not legally binding and instead are simply taken into consideration when dealing with any dispute. As such you would need to be able to show that the agreement was entered into voluntarily and that she understood what she was signing and that is where a solicitor would come in. The rate you have been quoted seems about standard for dealing with agreements - we were quoted the same for a power of attorney in relation to my nan.

bristol_pilot

It would be £500 well spent, to protect you from losing assets built up over your lifetime simply because she changes her mind at some point in future and goes off with someone else. I agree with what others have said - you must both receive independent legal advice from different solicitors otherwise she could claim that you 'forced' her to sign in some way or that she didn't understand what she was signing. Also I agree that you cannot accept any kind of rent or financial contribution to the household expenses; even then, there is a risk she could be deemed to have contributed just by living there. The safest option (for you) is if she maintains her own household elsewhere, but not very moneysaving.

neverdespairgirl

I think it's very important to have such an agreement. It's neither unromantic nor silly, rather the reverse.

I agree with the other posters - as such an agreement is so much to your benefit, she needs to have independent advice.

burnoutbabe

do you need such an agreement if the house owner owns the house outright with no mortgage? no risk of saying the other person is contributing towards the mortgage then?

(and no question of them doing any improvements to the place either as its all new)

would only charge a nominal rent, then share the bills/food like any normal person would.

(and how do they KNOW you are cohabbiting and not just him lodging with you, could a lodger claim such rights as well? how would you prove you are not sleeping with them!!)

halo1234

Thank you for all the replies. I think it's key that I make sure she has legal advice prior to signing anything.

Thanks again.