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

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  • delluver
    delluver Posts: 568 Forumite
    Well, I would have thought she has every right to stay in the "family home" at first. But yes, deffo have a declaration written up. I did that after my last relationship went down the tubes, and my ex tried to claim more than his rightful share even though I'd contributed more towards the house. You love and learn, and even though I trust my current partner, I can't afford for that to happen again, so we have our shares written up. I'd be the one living here if anything happened, and fortunately I have ways to buy him out to let him free if I had to. What would happen if I couldn't buy him out? Would he be tied to mortgage payments here for the rest of his days? I don't think so!
  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It's fine for him to pay maintenance, but why should his girlfriend get the house if she has contributed nothing towards it at all? Seems really unfair to me.
    poppy10
  • silvercar
    silvercar Posts: 49,523 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    poppy10 wrote:
    It's fine for him to pay maintenance, but why should his girlfriend get the house if she has contributed nothing towards it at all? Seems really unfair to me.

    because they have both chosen for her not to work in order to be a full-time Mum.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • silvercar
    silvercar Posts: 49,523 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    duplicate post.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Cover yourself legally OP.

    If in doubt, don't buy. With houses so expensive, the extra stress of owning a house will not add to your relationship. She may well take you to the cleaners in the eveny of a spilt. You'd be expected to give her 15% of your net income (take home pay).

    Do not have any more kids with her while your relationship is, as you say, rocky. She could use her kids as a meal ticket for an easy life.

    Sure, she may be a nice girl. I don't know her. However, if you were my son/friend, I would advise you as I have above.

    Renting is better in your situation - IMHO.

    :)

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • specs_3
    specs_3 Posts: 102 Forumite
    Common law husband/wife like others have said urban myth.

    If you are not married then she has next to no claim on the house. I say 'next to no' because there could be a set of circumstances that could happen to lead her to having a claim.
    See a solicitor sharpish.

    She has no right to the family home. Sadly too many people cling on to this belief and then find themselves in sub-standard housing when they are forced out of the family home at the 11th hour.

    I will not comment on your relationship and obligations with regards to your child because you asked for no judgement of that.
    I am desperate for acceptance, please hit the 'thanks' button.
  • You may need to prove that she did not contribute to the mortgage repayments.

    I wouldn't buy with prices so high regardless of the OP's rocky relationship.

    :)

    GG
    There are 10 types of people in this world. Those who understand binary and those that don't.
  • Well done $$$ for actually putting some thought into your reply. I'm in a similar situation to the above in that my partner is dead keen to marry etc and we have a baby together. She has some toddlers from previous relationships. At the mo I pay the rent, council tax, water, phone and run the cars. My GF pays for food and gas/electric. Her income is greater. Our r/ship has been rocky...partly because I resent giving her the money for her car, nursery fees for her toddlers, money for Xmas...and seeing none of it back, (my CC bills are scary); and partly because I have to get the kids up and out in the morning (as my partner doesnt tend to get up until 10am) as well as do most of the housework. But what do you do? I have been tempted to go many times (taking my son with me) but was told I'd either never see him or would have to pay heavily.
    How much maintenence would I be expected to contribute given that 2 of kids not mine?
  • 15% of your net income for one child if you are the non-resident parent.

    http://www.csa.gov.uk/new/calculate/#S01

    I hate it when parents use their children as weapons, threatening to withdraw money and access. My ex and I used to be at war but fortunately we are now very amicable, and it's so much better for everyone but most of all for our four children.
  • silvercar
    silvercar Posts: 49,523 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    she should be getting maintenance from the father(s) of the toddlers.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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