Live-In Partners - What rights have they got?

steve700

Hi,

My close friend has in the last 6 months decided that she should take in a lodger to help make ends meet.

About 4 months ago she met somebody and as he was going to move to the area, she felt that it would make sense for him to move in and pay rent.

That way, they could spend more time together and it would save her having a complete stranger move in.

He has been there about 2 months and athough he is paying rent, there is no 'rent book'.

As effectively a 'live-in partner', at what point would he (should he so wish and I have no reason to believe that this is the case) be able to claim on her belongings.

The house and the mortgage are both in her name only and she pays the mortgage herself.

Other people have suggested that she should ensure that she is 'safe' from a property perspective and although this had not occurred to me, she is important to me so I said that I would try and find out for her.

Thanks

Steve

robwend

how would he have a claim?? hes not on deeds or mortgage. when you take a mortgage you have to state who else lives there , if they havnt signed it thay aint got it!, tell her mates to stop scare mongering poor lass, hes aloud jack sh*t

jfdi

Just to be on the safe side she should really set up a Rent Book, & detail what is & is not included! (No comment!)

mjdh1957

There is no such thing as a 'common law spouse' - this is a common myth.

A live-in partner can acquire rights to a share in the home, but it would need to be decided in court and there are no hard and fast rules. It depends on the contribution made to the household by the non-owning partner and the length of the relationship. If your friend is worried, she should get legal advice.

tim_n

I'm in a similar situation. The way I am hoping to work it is thus: the cost is defined as 'housekeeping' not rent - though you could argue that is a similar amount of money and I have no idea of the legal standing on this. The money goes directly to council tax (which I have to pay 25% more because she's resident) electricity, gas and water. Any left over goes to food. Technically no money goes to rent - though I suspect any court claim might consider that. Also she's not on the mortgage.

mjdh1957

tim_n wrote:

I'm in a similar situation. The way I am hoping to work it is thus: the cost is defined as 'housekeeping' not rent - though you could argue that is a similar amount of money and I have no idea of the legal standing on this. The money goes directly to council tax (which I have to pay 25% more because she's resident) electricity, gas and water. Any left over goes to food. Technically no money goes to rent - though I suspect any court claim might consider that. Also she's not on the mortgage.

Courts look at the reality of the situation, not what you choose to call it. In the past, courts have decided that what landlords call a licence is in fact a tenancy, and that 'sham' arrangements can be set aside. If a court decides that your partner has made a significant contribution to the household, then rights can be acquired. It's a tricky area, and if you're concerned then get some legal advice or do some research in a library or online.

dmg24

mjdh1957 is spot on. A live in partner may claim an equitable constructive interest in the property, and there are no hard and fast rules in this area, the court will look at what is fair (hence equitable).

If the OP's friend is concerned, then legal advice should be sort. However, it should be borne in mind that this advice will change, depending on the length of the relationship, and the contributions made by the partner (such as any significant DIY done to the property).

eamon

IFAIK determining factors involving live in partners and acquired rights usually revolve around contributions to the household & upkeep of the house. For example if decisions are made jointly on a new kitchen design, housekeeping tasks etc. The range is quite wide and no two scenarios are the same. Not appearing on title deeds or mortgage isn't in itself a deciding factor. Many people don't have a mortgage. If it really bothers your friend then she should seek legal advice.

yours

Eamon

steve700

Thanks for all of your responses.

I'll pass all the information on and it will then be her call.

Steve