Could my partner take my house from me if we were to split ?

money_saving_expert_5

Me and my girlfriend have a baby but we are not married.

The problem is that I am a first time buyer and currently renting, but our relationship is very rocky.

The mortgage would be in my name and I would be the only one paying it, in addition to all the other bills (my girlfriend does not work so has no income).

If I had a mortgage and bought property but had the misfortune of splitting up with my girlfriend, would she be entitled to any part of the property ?

I've heard of a common law where if a couple have been living together for so many years, the partner is entitled to half of the belongings.

This is a major concern of mine and holding me back from getting a mortgage.

If she pays nothing towards the mortgage and bills I cant see why she would be entitled to any part of the property, especially as we are not married.

However, we have and will be living together and do have a baby together.

This is a tyipcal horror story I've heard...

This bloke buys a property himself and lives there with his girlfriend and child for 2 years. The girlfriend then cheats on him so the relationship ends. She then takes the house from him and he is left paying the mortgage.

This seems so unfair and I need confimration whether the same could happen to me before I even consider buying property.

Can someone please advise or point me in the right direction ?

marcovan

Go to a solicitor and get them to draw up a deed of trust for you both outlining what should happen in the event of a split. Prob cost you a couple of hundred quid but I imagine it would be money well spent if you have concerns already about this.

lynzpower

If she pays nothing towards the mortgage and bills I cant see why she would be entitled to any part of the property, especially as we are not married.

charming you are mate.

Shes raising your child as far as I can tell, which is surely a full time job. I presume she would be working if she hadnt had the baby?

mjdh1957

Never believe 'horror stories' that happened to a friend of a friend of someone's cousin....

There are real cases out there but it's not 'cut-and-dried'. Cohabitation is a legal minefield so you'd do well to get some legal advice if it concerns you.

But equally, your partner and child have rights too. And even if you split, you will still have an obligation to support your child.

fivemice

Assuming your girlfriend got custody of your child (as is likely in this country) you would need to consider the housing of your child.

I guess I'm fortunate enough to be with guy who has promised to financially support me in being a full time mother simply to benefit our children even if we were to split.

Andrew_Peacock_2

If you have concerns over the relationship at this stage, my advice is not to buy a house with your partner.

Legally, if you purchase the house in your sole name and are not married, you can ask any other occupier to leave. Common law wife scenario you describe does not hold.

You will have an obligation to your child of course.

Acc72

If I were in the situation you describe, the last thing I would do is look to get myself a 25 year loan.

I am no expert, but I would assume (may be incorrectly) that your partner and child would get priority over any owned home.

If you just rented, then I presume that the rent would be covered by Housing Benefit and you would be expected to pay maintenance for the child, if you split up.

beanieandme

lynzpower wrote:

charming you are mate.

Shes raising your child as far as I can tell, which is surely a full time job. I presume she would be working if she hadnt had the baby?

She would get to stay in the house wouldn't she until housed seeing that she's beringing up your child?? You planning on paying maintenance if anything was to happen?

money_saving_expert_5

beanieandme wrote:

She would get to stay in the house wouldn't she until housed seeing that she's beringing up your child?? You planning on paying maintenance if anything was to happen?

I would give more than 100% support to my child - I love my child to bits.

So of course I would pay maintenance.

No matter what happens I will always be there and support my child in every possible way.

If we did breakup my girlfriend could (and has in the past) go back to her parents.

I know my girlfriend well and know what a vindictive, spiteful and evil person she can be.

I hate to think how akward she would make it for me to see my child if we split, but thats another matter.

charming you are mate.

Shes raising your child as far as I can tell, which is surely a full time job. I presume she would be working if she hadnt had the baby?

She is raising our child and I support her and agree it is a hard, full time job.

But I am not asking for peoples opinion on our relationship because they are an outsider and do not know the details of what goes on in our relationship.

I just want to know where I stand in case things did go wrong and get nasty.

rosysparkle

Then see a solicitor.

But

I know my girlfriend well and know what a vindictive, spiteful and evil person she can be.

:eek: What a lovely thing to say about the mother of your child and someone with whom you continue to be in a relationship.

Bossyboots

You beat me to it rosysparkle.