co-hab agreement?

Comp1_2

Old timer (well not so old) new user name.

Long story as short as possible:

Me and “ex” broke up when our DD was a baby, but we have been dating again for a while and we’ve decided to go to next level and move in together - again - (not taken this decision lightly). We’ve never married, never will been. Previously we rented a property, but I now have my own house with the mortgage paid off.

Now – He has debts of around £5k, which I’m trying to help with (not financially!) by helping him budget etc .

But – as much as I want this to work, I’m not silly. I do not, at all, want him to have any form of claim on my property in case the worst happens. I couldn’t afford to buy him out, he knows this. For those of you who are going to put “you shouldn’t be moving in together if you aren’t willing to share” etc – don’t. I’m not some love struck teenager who believes there’s one person for life and that’s that. And yes, He already known’s I am not letting him get a claim on the property. We’ve discussed it – although his response has always been “I wouldn’t do that to you” – The hardnosed me knows that people change, dramatically, if things go wrong.

I spoke to my solicitor who said to have a co habitual agreement drawn up. Now – from what they say this will stand up in court, but it can be costly. Another person has since mentioned that providing He doesn’t contribute financially to the property (other than bills) he won’t have a claim on the house so an agreement isn’t necessary.

What’s best to do? I don’t have money to be splashing on solicitors unless really necessary and I’m still not convinced my solicitor isn’t just telling me what I want to hear....

Any advice? Thanks in advance

Mojisola

Lots of useful info here -
http://www.advicenow.org.uk/living-together/

FBaby

well there was a recent case where the roles were reversed and the judge ruled in her favour (to some extent) on the basis that he had made the promise not to leave her without a place to stay.

Based on the above, you will need to take into account that a judge might not consider financial contribution as the only contribution towards the house but that if he does a lot in terms of childcare, cleaning, cooking, DIY etc... that this could be seen as some sort of contribution.

I expect that you can do your best to protect yourself by not asking for any contribution towards the house at all, including repairs etc... however, unless you have something drawn legally, you will always be open to challenge and at the mercy of a judge's decision.

FBaby

Just to add, assuming he doesn't pay towards the mortgage, or towards 'rent' (as this would be questionable), and you share the cost of the bills fairly depending on income and outgoings, then he should have the ability to save some money, so should you separate, he would have a egg nest towards a deposit for another place (whether buying or renting).