Common law rights

rumncoke222

Hello, now I know i'm being very cynical and precautious, but I would like some advice re the following.

I have my own property, no mortgage,and a fair amount in the bank, grown up children and a grandchild. I'm very lucky as I don't presently have any financial worries.

However - my partner has many
He has a lot of debts, CCJ's and no permanent job, renting but in serious arrears

He'd like to move in with me, get engaged and married, this has always been something he wanted to do but obviously i've been hesitant due to his instability. He's considered bankrupcy as an option before living with me.

So my questions are - what would he be entitled to if we didn't work out? Either as common law partners or married? he's happy to sign away any future gains but things change when a relationship fails as I'm well aware. Much as I love him it's important to me that my children get my worldly goods one day.

Many thanks

lee111s

As common law partners I don't think anything given you don't have a mortgage and you'll be the only one on the deeds of the property.

If you get married then a prenup should sort out anything like him getting half the house etc. also ensure you have a Will and that it states the money/assets/house go to your kids.

Mojisola

rumncoke222 wrote: »

I have my own property, no mortgage,and a fair amount in the bank, grown up children and a grandchild. I'm very lucky as I don't presently have any financial worries.

However - my partner has many
He has a lot of debts, CCJ's and no permanent job, renting but in serious arrears

He'd like to move in with me, get engaged and married, this has always been something he wanted to do but obviously i've been hesitant due to his instability. He's considered bankrupcy as an option before living with me.

So my questions are - what would he be entitled to if we didn't work out? Either as common law partners or married? he's happy to sign away any future gains but things change when a relationship fails as I'm well aware. Much as I love him it's important to me that my children get my worldly goods one day.

There's no such thing as 'common law partners' - you're either a married or an unmarried couple.

If he moves in and you don't get married, he will have no rights to your property unless he pays towards the mortgage or towards major improvements to the property. He would have to go to court to claim a 'beneficial right' to the property.

If you get married and the marriage lasts for 5+ years, then whatever is yours is also his. If you divorced, the financial distribution would start at 50/50 and you'd have to argue to keep more of it.

Pre-nups don't over-ride current laws.

If you die first and he has been financially supported by you during the marriage, he could challenge any will that left your estate to your children.

Gloomendoom

Mojisola wrote: »

There's no such thing as 'common law partners' - you're either a married or an unmarried couple.

I believe the situation is different in Scotland.

mgdavid

rumncoke222 wrote: »

......... it's important to me that my children get my worldly goods one day. Many thanks

you're banking on there being any worldly goods left, with this partner?

Peter333

mgdavid wrote: »

you're banking on there being any worldly goods left, with this partner?

Good point.

JMO but if I were the OP, I would run like wind away from this man. She is solvent and has lots of money (apparently!) and a house paid for in full, and he is financially vacant and has no assets.

What are you getting out of this relationship 'rumncoke222?'

And what positives and advantages do you think there will be to living with this man?

I'm gonna call it now, and say that this is not going to end well, if you let him move in.

Sorry OP.

AngelOfTheNorth

Common law spouses are not a thing in Scotland either.

http://www.adviceguide.org.uk/scotland/relationships_s/relationships_living_together_marriage_and_civil_partnership_s/living_together_and_marriage_legal_differences_scotland.htm

pollypenny

Sounds like the guy would be on to a good thing with the OP.

Lots of CCJs, in arrears with rent!!!

I'd run a mile!

Caroline_a

Peter333 wrote: »

Good point.

JMO but if I were the OP, I would run like wind away from this man. She is solvent and has lots of money (apparently!) and a house paid for in full, and he is financially vacant and has no assets.

What are you getting out of this relationship 'rumncoke222?'

And what positives and advantages do you think there will be to living with this man?

I'm gonna call it now, and say that this is not going to end well, if you let him move in.

Sorry OP.

Brilliant phrase!

Peter333

Caroline_a wrote: »

Brilliant phrase!

Think so? Thank you.

Deeeliteful

There no such thing in legal terms as "Common Law" rights, that is why people need to be married in order to obtain rights, nothing beats it!