OK I'm worried now...

Newlyboughthouse

I bought my house by myself in just my name in 2013. Put down a good deposit which I saved myself.

My partner has been living with me since moving in, paying the equivalent of half of the household outgoings, including mortgage payments, which I think is perfectly fair - he's paying probably less than what he would if he was renting his own place. I thought nothing of this until something I saw elsewhere on the forums suggesting OH would have a claim on the equity if he 'helped' to pay the mortgage.

I take care of all repairs, bought all household items - sofa, frigefreezer etc etc.

Would he genuinely have a claim???

Yes I posted this in Mortgages and Endowments too but wasn't sure which forum was best!!

Pixie5740

Quite possibly. With each contribution to the mortgage that he makes he is increasing his beneficial interest in the property.

mrginge

Time to get a rent book.

Newlyboughthouse

How about if all bills are transferred to his name and I cease receiving rent from him? No claim then surely?

nubbins

You are right to be worried, see a solicitor

Implied trusts

An implied trust is where a trust is said to exist because of how two parties have acted when they lived together. It may also be known as a resulting trust. It is established where:

• the non-owning partner made direct financial contributions to buying the property, and
• there was a common intention that the non-owning partner would have an interest in the property.

Direct financial contributions can include payments towards:

• a deposit
• monthly mortgage payments
• capital due on the outstanding mortgage.

A court can infer a common intention if financial contributions were made but nothing was said between you and your partner.
The sole legal owner may argue that the contributions were made on a different basis, for example, as a loan or a gift, but they would need evidence of this.
If you've made indirect financial contributions, such as paying bills or household expenses, this is unlikely to establish an implied or resulting trust. However, it might help establish a constructive trust.

Pixie5740

Shuffling round the household bills won't get round it.

Edit: This will only be relevant though if you split up and he knows and wants to try and make a claim.

ruggedtoast

Yes he could do. He would have a claim proportional to his investment in the property. This would also be the case if he had carried out or paid for improvements and you were later to sell.

I don't think such an individual would be able to force a sale though. In any case sounds like you have an awkward conversation ahead of you.

Newlyboughthouse

ruggedtoast wrote: »

Yes he could do. He would have a claim proportional to his investment in the property. This would also be the case if he had carried out or paid for improvements and you were later to sell.

I don't think such an individual would be able to force a sale though. In any case sounds like you have an awkward conversation ahead of you.

I sure do!

nubbins

Newlyboughthouse wrote: »

including mortgage payments, which I think is perfectly fair - he's paying probably less than what he would if he was renting his own place.
Yes I posted this in Mortgages and Endowments too but wasn't sure which forum was best!!

Actually the more I look at your original post the more I think is it fair. Why should he pay half your mortgage and outgoings for two years and then just walk away. If the boot was on the other foot you would be on here asking if you are entitled to anything for paying half the mortgage, would you not, or would you just walk away because its fair?

Newlyboughthouse

nubbins wrote: »

Actually the more I look at your original post the more I think is it fair. Why should he pay half your mortgage and outgoings for two years and then just walk away. If the boot was on the other foot you would be on here asking if you are entitled to anything for paying half the mortgage, would you not, or would you just walk away because its fair?

I suppose this has several interpretations - I'm more of a black and white kind of person, rather than emotional - my head rules over my heart. Love my OH but it's my house. Looking at it the other way why on earth should he live for free just because I have a mortgage and don't want to risk him having a claim?

Yes I think I'd genuinely walk away knowing I was merely renting.

Can anyone answer the bills thing? Apparently this can create a 'constructive trust'?

nubbins

Nobody said anything about free. Not sure about the black and white thing, more of a want my cake and eat it kind of person, you are basically happy for someone to pay half your mortgage and bills for two years yet when you get a bit of a scare start plotting behind his back. If you wanted a lodger type scenario maybe you shouldn't have taken half the wedge when it suited you.

Good luck, I hope he wakes up when you have your awkward conversation.