OK I'm worried now...

ruggedtoast

Newlyboughthouse wrote: »

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'?

Try looking at this

http://www.stephensons.co.uk/site/individuals/srvfamily/familyfiancial/cohabitation/

When this has come up before the advice has been to ensure they are paying the bills directly rather than paying the owner. Ideally you should give him a tenancy.

Pixie5740

What kind of tenancy would he have? He's not a tenant and he's not a lodger. (anyone remember Rodger the Lodger?)

Making him pay more than his fair share of the other household bills and therefore allowing you to pay all of the mortgage repayments would not necessarily prevent a constructive trust being created.

bris

He has rights just the same as if the shoe was on the other foot. If he shares the same room you can't get round this.


Why exactly do you think he shouldn't have rights? He's paying half your house and your deposit will be protected. Do think it would be fair to let him pay off half of your house then kick him out with nothing at your whim? Didn't women fight for these rights a long time ago.

dirty_magic

I don't think it's really fair for him to play half your mortgage and not benefit from it! I think it would be far fairer for you to pay all the mortgage and then split the bills 50:50.

Maybe you could do this and suggest that he saves his contribution to your mortgage so that you can buy a house together in future?

Personally I don't think I'd be happy living in someone else's home long term; I'd want it to be our home. Have you talked about the future? Do you think you'll stay together?

martinsurrey

dirty_magic wrote: »

I don't think it's really fair for him to play half your mortgage and not benefit from it! I think it would be far fairer for you to pay all the mortgage and then split the bills 50:50.

Maybe you could do this and suggest that he saves his contribution to your mortgage so that you can buy a house together in future?

Personally I don't think I'd be happy living in someone else's home long term; I'd want it to be our home. Have you talked about the future? Do you think you'll stay together?

so he lives rent free? a lot of renters pay 100% of thier landlords mortgage (and a profit!) yet the tenants have no claim over the property.

OP, Have the difficult conversation, it doesnt have to be too bad though, stress that its just so that everyone knows where they stand. say that this is only to protect both of you from expensive and painful legal implications if the worst was to happen.

Pixie5740

martinsurrey wrote: »

so he lives rent free? a lot of renters pay 100% of thier landlords mortgage (and a profit!) yet the tenants have no claim over the property.

Tenants don't share a bed with their LL or live as one household with them either, that's the difference.

Jhoney_2

Perhaps a solution is add up all the things you have paid for (including the deposit etc) and ask him if he would like to buy into the property by refunding you half of all of that?

You could then do a deed of transfer to make it a formal 50/50 home.

It's an interesting one though. I have some friends who live together as a couple, but he doesn't understand our preference for buying as in his part of europe they are used to renting (but it's a more stable proposition there). He does pay bills and make an appropriate contribution, however his saving/pension etc are his.

Obviously he doesn't want any claim by preference, but would he have one? Does she have a claim on his hard earned savings?

I have no idea.

esmerelda98

Beware of Internet lawyers! Spend a bit of money and get some legal advice.

I think what a court would seek to establish is what is purpose of the payments. What do the parties understand is going on? In the cases pointed out to me when I studied law (I am not a lawyer), one party told the other that the home was to be considered jointly owned. Only his name was on the deeds to keep his ex from having a claim on it, he said, though he later tried to use this against her. She (and other) had claims because they were led to believe that the home was theirs and they invested in it accordingly. (There is also a principle in the law of equity that unless there is evidence of a loan or a gift, ownership follows the money. You don't put money into something without the expectation of getting something in return.)

If you don't make it abundantly clear what your intentions are, your 'OH' may think the same. However he would have to pay to live elsewhere and I don't think it unreasonable that he should make a contribution to the household. In the modern world people live together with varying levels of commitment. You need to make it clear to him and the world that even though he shares your bed he is a lodger. And then he can decide whether he's happy with that and act accordingly. So, a written lodger's agreement setting out that he pays X amount to live in your house, plus his share of the bills.

Please get proper legal advice though, it will be a good investment.

Belfast1978

I don't think its fair to have him pay half your mortgage sure if he rented somewhere he would pay a Landlords mortgage however he would also have rights you could turn around and kick him out if you wanted to then where would he be?

When I move into my new house in the next month or so my OH is moving in the agreement is half of food and bills like oil and electricity and have told her to save what she would pay for rent in a savings account which is the only fair way of doing this in my view.

onamissionEU

In my view, to avoid any claim on your property you would need to split the mortgage payments according to interest and principal - ie not let him pay any of the actual repayment.. For eg:

your household bills are, say, 500 pounds / month.
your mortgage is, say, 1000 pounds a month of which 50% is interest and 50% is capital repayment.


You would split the bills 50/50 - as you share equal responsibility here.


You would then pay 100% of the capital repayment your self (500/month) - as it is YOUR house/investment.


The interest part of the mortgage can be compaired to paying rent (all be it to the bank) - so you split this 50/50. So you pay a total of 1000 pcm and your OH 500pcm (obviously adjusted to your personal circumstances). This would be a different situation if you were mtge free (or very small mtge) - in which case you would need to set up a rent agreement!


This way your OH is not contributing to the actual property and is not living rent free. Obviously if you jointly make value adding improvments such as replacing a bathroom or kitchen, there would be some claim, all be it minor.


This said, the best thing would be to have a lodgers agreement. He would have lodgers rights but this is pretty irrelevant if you are cohabiting in peace and harmony & would save any arguments in the future!