Girlfriend moving into owned flat - Legal Implications?

zzzLazyDaisy

ali-t wrote: »

Are these quite common? Any idea if they are legal in Scotland. I am in a similar situation and have put down around £150K on my house so don't want to lose that if things go wrong with the relationship. I am looking for something like a pre-nup but without the marriage :T

The law is completely different in Scotland, both regarding relationships and property. You need to take advice from a Scottish solicitor.

WellKnownSid

Blimey. Such romantic replies...

When my girlfriend moved in with me, I just told her to stick the rent money into an ISA. A rainy day fund.

Fifteen years, marriage and kids later - it's become an avalanche fund - and is now being used as a 35% deposit for a BTL property. This in turn will then be sold on in another ten years should the kids need a deposit for properties of their own.

Sleepy_head_2

My bf lived in my flat with me for 6 years before we went our separate ways. I checked with a solicitor and was advised not to spend money on a formal agreement and that a court would see him as a lodger and nothing more even though he had paid rent. The key things were he hadn't added to the value of the flat (by building an extension or similar), we weren't married or engaged (when marriage laws kick in) and there were no children involved.

HTH
Sleepy Head

zzzLazyDaisy

Sleepy_head wrote: »

The key things were he hadn't added to the value of the flat (by building an extension or similar), we weren't married or engaged (when marriage laws kick in) and there were no children involved.

HTH
Sleepy Head

The other crucial thing is that they must not contribute towards the mortgage....

stebiz

zzzLazyDaisy wrote: »

The other crucial thing is that they must not contribute towards the mortgage....

It does make me laugh how a boyfriend (or girlfriend) can contribute to everything else ie food, hols etc whilst the other half is happily paying the mortgage and yet gets sweet FA.

Lance

stebiz wrote: »

It does make me laugh how a boyfriend (or girlfriend) can contribute to everything else ie food, hols etc whilst the other half is happily paying the mortgage and yet gets sweet FA.

I disagree. We do not need to live together for us to be boyfriend / girlfriend and share expences on holidays, dates, meals etc depending on our income but I am sure if you did let me move in your house you would object if I wanted a share in your house when we split up because I paid for half the food we ate and the Sky film channel I wanted.

Sadly this gives women a bad press as I am sure the vast majority are not 'gold diggers', and I know a few men are getting in on the act. I would never get married again as I do not need the grief / expence of a divorce if it does not work out.

stebiz

Lance wrote: »

I disagree. We do not need to live together for us to be boyfriend / girlfriend and share expences on holidays, dates, meals etc depending on our income but I am sure if you did let me move in your house you would object if I wanted a share in your house when we split up because I paid for half the food we ate and the Sky film channel I wanted.

Sadly this gives women a bad press as I am sure the vast majority are not 'gold diggers', and I know a few men are getting in on the act. I would never get married again as I do not need the grief / expence of a divorce if it does not work out.

If I took home 2k and you took home 2k and I ended up spending my 2k on food, holidays, clothes, car, meals out etc. too right I'd feel ripped off whilst living with you. Now if I was allowed to invest the equivalent mortgage money, repairs etc then I'd be happy to go along with that.

Guest101

stebiz wrote: »

If I took home 2k and you took home 2k and I ended up spending my 2k on food, holidays, clothes, car, meals out etc. too right I'd feel ripped off whilst living with you. Now if I was allowed to invest the equivalent mortgage money, repairs etc then I'd be happy to go along with that.

Then you should be named on the mortgage, and you should have the obligations that come with that.

If you chose to spend your money on food etc, that's your business.

stebiz

Guest101 wrote: »

Then you should be named on the mortgage, and you should have the obligations that come with that.

If you chose to spend your money on food etc, that's your business.

Assuming the other half would allow me on the mortgage.

I didn't have that problem.

BitterAndTwisted

Anyone who wants to protect their property from a potential claim from a disgruntled and vengeful ex-partner should never, ever accept a single penny from them which could later be construed as rent. No property maintenance, no repairs, no improvements, no fancy furniture, expensive holidays or anything else.

Solely a 50% share of Council Tax, utilities and grocery bills. Anyone who does otherwise is taking a risk. People have made successful claims in court and got their sticky hands on their ex's equity.

If the relationship later ends in marriage all well and good.