Buying property solely - cohabitation agreement any use?

sterl1ng

Buying my first property whereby partner will be living with me. He will only pay towards his piece of council tax and half food bill. Is an agreement still required still to protect from him taking anything in terms of equity of property given that i'm sole owner and mortgage/title deeds in my name?

I've been phoning around for a quote and cohabitation agreements cost about £600 - can anyone recommend something not as costly!

Pixie5740

£600 versus what you're paying for a property...it's a drop in the ocean.

However, if your partner will only be paying towards have the bills excluding the mortgage then at the moment he wouldn't be able to claim beneficial interest. That might change in the future though if he starts contributing towards things other than bills and if you have children.

Mojisola

There's a guide to making one yourself here -
https://www.advicenow.org.uk/living-together/living-together-agreements/

sterl1ng

I'm surprised as I told the solicitors my plans but they still insisted getting agreement prepared would be more legally iron clad or I'm guessing them trying to make a buck but my OH has already said he has no interest in property and we don't have kids as yet

is a DIY agreement any good?

Gwhiz

Solicitor wants to make money.

There really is no need for these agreements as long as it's clear that the other party is not contributing to the property.

I've lived with my O/H for 3 years now (and am a divorced man so should be extra careful ) and have no intention of doing an agreement.

People still believe in the idea of common law wife/husband I guess. It does not exist in law.

phill99

You're evidently serious about this relationship.

Mojisola

sterl1ng wrote: »

is a DIY agreement any good?

What would a solicitor add that isn't in this -
http://static.advicenow.org.uk/files/how-to-make-a-living-together-agreement-867.pdf

You can also use the "editable template agreement" if that suits you better -
https://www.advicenow.org.uk/living-together/living-together-agreements/

People have the best of intentions about not wanting to claim anything from their partner but things can change as circumstances change. It's best to get it in writing.

One relationship issue which comes up when this situation is discussed is the fact that one person is living rent/mortgage free and can end up with a higher disposable income as a result.

Is that going to be a issue for you in the future?

BigAunty

Why isn't your partner paying towards a share of the other bills - tv, telecoms, broadband, energy, water?

Paying towards basic household bills, AFAIK, don't demonstrate that they will gain a beneficial interest in the property, unlike when they clearly do pay half the mortgage, refurbishment, new furniture, house insurance or other types of expenses that are more akin to home ownership than occupation.

sterl1ng

This is tricky...shame I cannot speak with solicitor without them wanting to make fast buck when it may not be required. I even just called one to just legalise a diy agreement but was told they would still need to check in right format and charge me more

Pixie5740

If you were a solicitor would you not want paid for your time? Do you work for free?

TBagpuss

sterl1ng wrote: »

I'm surprised as I told the solicitors my plans but they still insisted getting agreement prepared would be more legally iron clad or I'm guessing them trying to make a buck but my OH has already said he has no interest in property and we don't have kids as yet

is a DIY agreement any good?

Not really. Obviously having any kind of agreement is beneficial - it reduces the possibility of misunderstanding and miscommunication between you and your partner, and it makes it harder for either of you to claim that there was an unspoken or implied agreement, but it is still very vulnerable to claims by one party that they did not understand the implications, or that they were coerced or pressured into signing.

Your solicitor is absolutely right to recommend that you ensure you have proper protection in place, and bearing in mind you are talking about safeguarding what is likely to be your most valuable asset, £600 is very reasonable.

You are right that the solicitor won't 'certify' a DIY deal. When you pay the solicitor, you are not paying for them to print of and tweak a draft document, you are paying for their advice and expertise, and they are going to spend just as long going through the document, making sure that you fully understand it and and limits, and that it does in fact achieve what you want as they would if they drafted it from scratch. In fact, it may even involve more work for them than preparing it themselves.

Of course, if you are fortunate and you and your partner don't split up, or split amicably, then the fact that you chose to economise won't matter. But its a bit like deliberately choosing not to pay for insurance because you think you won't need it. If you are right, you're fine. If you are wrong, you are screwed.