In Laws Moving into Annexe - Legal Rights

Dilelle

We are in the process of buying our first house (we have previously rented). The property includes an unfinished annexe.
My partner (we are not married) thought that the annexe would be good for his aging parents.
Unfortunately, he has mentioned it to them already and they are already talking about spending £20-30k on finishing the annex and moving in straight after we have moved. They’ve even asked about extending it, which I’m really not comfortable with. To be honest, I’m not happy about them moving in initially as I would like some time in my new house. I may be sometime we could consider in years to come once I get to know them better, but I’m certainly not in a rush to move them in.
My main concerns are this, firstly I am putting ½ the deposit down on this house and will be paying half towards the mortgage.
If his parents pay to have the annexe completed, who then owns the annexe? Would we be better paying to complete the annexe and charge them rent?
What will happen to my share of the house if we split up or something happens to my partner? My partner also has a son so, again if anything happens to him, I’m worried that he will also end up with a share of our house.
I know this sounds really cold and uncaring but I’m not convinced that this is a good idea.

rpc

Get a solicitor to work it out.

There is another case on this forum (the original thread was removed due to legal action) where the scenario you describe went very very bad. The mum and stepdad broke up and stepdad then went after a share of the property.

You need belt and braces protection against them claiming a share of equity. The type of arrangement you probably want is a lump sum in exchange for life rent. You could then spend the lump sum on any upgrades necessary.

poppysarah

Dilelle wrote: »

I know this sounds really cold and uncaring but I’m not convinced that this is a good idea.

It isn't cold and uncaring. It is very sensible and the sort of things you need to discuss with your partner.

If it's your first house together I can really understand you wanting it to be your home.

RAS

You need to see independent solicitors and understand all the scenarios you mentioned.

How far along the line are you?

Do you understand the difference between joint tenancy and tenants in common?

I would really recommend that you get advice and that the two of you sit down and talk very seriously before you go any further.

Somerset

Actually aside from the legal shenanigans you'll need to go through, I'd nip this in the bud now. Your tone reads that you don't want the in-law's living with you and you've been presented with a fait accompli as your partner has 'mentioned' it and in-law's ready to roll. ''Getting to know them better'' implies your relationship with your partner may be newish ??

You are buying a house with your partner, putting in half the deposit, paying half the mortgage, and you are obviously not happy that before you've even completed it's been 'decided' the in-law's ( who you don't even know well ) are moving into the annex, I'd put my foot down. Be the bad guy and say ''no''.

These arrangements can work. But you have to know/get on with the relative's and be comfortable with the proposal.

zzzLazyDaisy

First things first - this is a home for you and your partner. It seems that part of the reason she wants a house with an annexe is so that her parents can move in with you (albeit in the annexe). On the other hand, for you this is something that you might be willing to consider at some point in the future, depending on how you all get along. In the meantime, her parents are practically sitting on their suitcases waiting to move in!

There is a serious breakdown in communication here, and you need to sort it out before you go any further.

As for the rest - make an appointment for you both to see the solicitor and discuss your concerns. S/he will be able to advise you about Trust Deeds and tenants in common, which will enable each of you to protect your share of the property (although do be aware that as far as the lender is concerned, you are both jointly and severally liable for the mortgage, which means that if one of you is unable/unwilling to pay their share of the mortgage the other will become liable for the full repayments). If you prefer to have a private appointment first to discuss your own personal concerns on your own, then you would need to make an appointment with an independent solicitor, as the conveyancing solicitor cannot advise you if your interests conflict with those of your partner (or may do).

All your concerns about who has what rights in the property can be dealt with by careful legal planning, but first you need to talk things through with your partner and find out how she sees this panning out.

You should also both seriously consider making wills, to ensure that your wishes are carried out after your death. As you are not married, the intestacy laws can have serious and significant effects on the surviving partner, including them losing their home to release the money for relatives of the deceased partner.

Ivana_Tinkle

Never mind the legal stuff - your partner needs to tell them you don't want them moving in. It's not rocket science: "Whoa! Hang on Mum, I meant maybe you could move there one day if you needed us to look after you. Not right now!"

Checking out the legal side is all a bit roundabout and passive-aggressive. If you don't want them there, just tell them! It's not fair to let them go on thinking you're happy with it when you're not.

ValHaller

Ivana_Tinkle wrote: »

Never mind the legal stuff - your partner needs to tell them you don't want them moving in. It's not rocket science: "Whoa! Hang on Mum, I meant maybe you could move there one day if you needed us to look after you. Not right now!"

Checking out the legal side is all a bit roundabout and passive-aggressive. If you don't want them there, just tell them! It's not fair to let them go on thinking you're happy with it when you're not.

Absolutely I agree with this. If you don't want it, put your foot down and say 'No way'. No point in investigating the legal situation behind something you do not want.

G_M

Agree.

This is a relationship issue at present. Not a legal/financial one.

Yes, IF they move in, you need legaladvice, but

you first need to sort out your relationship with your partner, as things are being taken for granted and/or rushed which you are unhappy about.

Sort that out, and the legal/financial stuff may not even need worrying about!