Moving In With Girlfriend

happyinflorida

I cannot believe how nieve you all are.

Legally when someone moves in and starts paying their way, half of bills and mortgage they become entitled to a share.

This prospective partner needs to see a solicitor and discuss it to get legal advice. Otherwise they could end up losing their home when you split up.

One of my friends - over 25 years ago, moved into her boyfriends flat which he owned. He insisted she pay half the mortgage and bills - even though she earnt less and when the annual maintenance charge was due she sold her car to pay it!!! Then he met someone else and gave her 4 weeks to move out - he'd been talking marriage before this!

She asked for some of her money back as she had no money to pay deposit on renting a property and first months rent and he totally refused.

She ended up going to a solicitors and it took over a year to be sorted out. In the end a charge was put on his property, the deeds, which is a legal document which means the property cannot be sold without a debt being paid first - this had to be done as he refused to pay any money to her at all.

In the end he wanted to sell the flat and had to pay the money requested. When the solicitors fees had been paid she came out of it all with hardly anything.

There is, I believe, a legal way of a partner who moves in, signing a legal document to say they are a non interested party, they pay, like rent, but agree not to be given anything of the property if the relationship doesn't work out.

It is very important to do this because you can end up losing your home if you don't.

I can't remember the exact name for this but seek legal advice - do not just move someone in and get them to pay bills and half the mortgage.

happyinflorida

Jojo6789 wrote: »

Hi All

I'm jumping on this thread (first time ever posting so be nice to me!) because it's relevant to my situation so I'm sharing in the hope that it's ueeful to the original poster and also to see if anyone has any thoughts on how we have approached this situation that may help us.

I have two flats, both with mortgages. One I rent out, the other my OH and I live in. He moved in with me. I owned both flats prior to our relationship. We are getting married soon. I earn significantly more than he does - double in fact. This doesn't bother me. For the past year living together, we have both been receiving our salaries into our own
individual bank accounts, and have both set up a monthly standing order into a separate account in my name, which is used for paying household bills including mortgages, as well as saving for the wedding. I put in £1000 more than he does each month and unofficially my contribution is for household and his is for the wedding. By keeping these funds together we benefit from a higher interest rate. However after the wedding we will set up a new joint bank account. He will pay via a new standing orderinto the new account which will be for savings, and I will contribute where I can. I will continue to maintain my existing standing order to the household account and pay our bills through that - mortgages, gas electric council tax etc as they are my flats and I want to protect them just in case. We have both signed an agreement that we drafted (so not sure how legally binding it would be, but it shows intent at least) to that effect that also say if we break up, he will gets the savings account as it's basically his savings, and I keep my property as I paid for them.

Hope that helps and all thoughts, suggestions and feedback welcome!

See a solicitor ASAP to get a legal agreement drawn up - it shouldn't cost much but will be worth it in the long run should you split up, it's always safest and best to cover all eventualities as you can never say what will happen in the future!

Jojo6789

Hi All

Someone (or more than one person) suggested consulting a solicitor - I did look into this and was told that pre-nups are not legally binding in the UK and that it would cost £8,000 for a solicitor plus both parties need separate representation (which makes sense) but that as the party with all the assets, I would have to pay both mine and my parts solicitors fees. This was cost-prohibitive which is why we drew up our own agreement. Any thoughts / suggestions welcome as I'd love to have this more official somehow as my partner is fine with that but I can't afford those fees!

bauhaus_modern

paying half of what the 'going rate' for similar rentals + half bills seems reasonable. unless they've owned the house for ages and have a minuscule mortgage - then it seems like they're profiting from you. on the other hand, if they've only just started their mortgage it's probably higher than typical rent rates - but since they'll be profiting from the eventual 'house ownership' they should carry the burden of making up your half of the mortgage.
i wouldn't put anyone else's name on the mortgage though until married!

Fencer

happyinflorida wrote: »

I cannot believe how nieve you all are.

Legally when someone moves in and starts paying their way, half of bills and mortgage they become entitled to a share.

This prospective partner needs to see a solicitor and discuss it to get legal advice. Otherwise they could end up losing their home when you split up

What do you mean "when [we] split up"? We don't intend to split up. Even if we did, I wouldn't be taking her house from her. I've made that perfectly clear earlier in this thread.

Pmarmalade

I was going to ask my ex to move in with me before we seperated. I'd have been happy for her to pay half of all bills, council tax etc. which would help me out with bills i was having to pay anyway (ok usage goes up and CT goes up a little) but I'd pay the mortgage and her name wouldn't be added.

The mortgage isn't just rent she has to pay, it's her own investment in a property that she wholly ownes. If she wants to charge rent and you're happy to pay a fair rate then that seems fair, but it shouldn't be 50% of the mortgage + 50% of the bills imo.

BoJangles_2

Pmarmalade wrote: »

I was going to ask my ex to move in with me before we seperated. I'd have been happy for her to pay half of all bills, council tax etc. which would help me out with bills i was having to pay anyway (ok usage goes up and CT goes up a little) but I'd pay the mortgage and her name wouldn't be added.

The mortgage isn't just rent she has to pay, it's her own investment in a property that she wholly ownes. If she wants to charge rent and you're happy to pay a fair rate then that seems fair, but it shouldn't be 50% of the mortgage + 50% of the bills imo.

I think the fairest solution I have read on this topic here is for the 'interest' element of the mortgage to be split and not the 'repayment' element.

Neither is is at all fair that a person lives for free.

springdreams

Guest101 wrote: »

It's been suggested already. They share bills and costs, but no rent is charged.

They are one household. If they applied for benefits, they would be one household. There is no 'lodger' agreement possible.

Either he pays towards the mortgage, or he doesnt. It's that simple. No point trying to screw the OP over what he is legally entitled to

Or should the mortgage holder have their mortgage paid for by someone else?

This happens all the time when you pay rent to a landlord ...

But the tenant has no claim to the landlord's property.

I agree that the OP should not be living in someone else's home for free, but also understand the beneficial interest problem.

honey10

I'm gonna stick my twopenneth in here.
My mum and her husband live in mums house (owned outright now, still had a mortgage when he moved in). He has never paid anything towards the mortgage, he pays the extra that the council tax increased by, half the food bill, plus 'housekeeping' every month to cover the gas, electric and water.
She pays for the phone & internet (because she wanted them) and he pays for Sky (because he wanted it)
When it comes to holidays, its a joint thing, either he pays or she does, then the other provides spending money.

This is the way a solicitor suggested it, so that at no point in the future could his kids lay any claim to mums house, it doesn't even become his in the event that she were to pass away first.