is my partner entitled to a share of my house?

needadvice100

Hello, I'm new to the forum and would really appreciate some advice (whether based on legal or moral considerations) about how much I should (or would have to) pay my partner if I sell my house.

I bought my house on my own in 2001 for £135k. My partner (we are not married) moved in with me in 2008 and the house is now worth about £230k. The outstanding mortgage is £72k (due to a remortgage to raise more money as I was struggling financially at one point). I also have a £15k loan which I took out recently to pay for a new bathroom and to clear credit card debts that were partly incurred in order to lend my partner money as he was out of work for several months and suffering from ill-health. He owes me a total of about £2,500 in actual cash loans (plus interest, which I haven't calculated) and has made no moves to pay any of it off, though I have his signature to say he received the money.

He has never owned a property or shown any interest in buying a share of mine, and the arrangement is that he pays £450 a month in rent (we calculated this sum based on roughly half of the mortgage and bills). He is now working and is paying rent fairly regularly, though for at least six months he could not afford to pay me anything – this is a bone of contention as he did not negotiate this but had the attitude of 'can't pay, won't pay.'

We would both like to move to a nicer area and I'm considering moving into rented accommodation for a while, so I will have the equity from the house sale. It's possible that we will split up at that point as things have not been going well for a long time.

Things are relatively amicable at the moment but that might change. Either way, although I feel taken advantage of by having to support him financially, I would like to make him a gift to help get him on his feet – and perhaps to assuage my feelings of guilt at potentially making him homeless. So I suppose the question is in two parts: how much would he legally entitled to and how would this be calculated; and how much would be a fair gift to recognise his contribution to the household and give him some stability so he can go and rent his own place. And again, how would this be calculated?

I was thinking of 10% of the equity less agents'/legal/moving fees, less the £2,500 he owes me, which would come to about £10,000. Does this sound fair or would he be entitled to more?

Thanks for any thoughts.

bsms1147

Since he's been paying rent which includes half the mortgage, I think he's entitled to half the house.

glentoran99

bsms1147 wrote: »

Since he's been paying rent which includes half the mortgage, I think he's entitled to half the house.

That's an interesting theory, by that logic anyone renting is entitled to claim on the house they are renting

glentoran99

http://www.terry.co.uk/cohabs02.html



I don't think he has any claim as he hasn't paid directly to the mortgage has he? I presume all payments have been made from your sole bank account in your name?

J_i_m

I think you need to be clear to as exactly what he has been contributing to. Mortgage? Just utility bills?

Sounds like a mess to be honest.

maninthestreet

Do you have anything in writing that states the £450 a month he pays is actually rent?

Jhoney_2

So I suppose the question is in two parts: how much would he legally entitled to and how would this be calculated; and how much would be a fair gift to recognise his contribution to the household and give him some stability so he can go and rent his own place. And again, how would this be calculated?

I was thinking of 10% of the equity less agents'/legal/moving fees, less the £2,500 he owes me, which would come to about £10,000. Does this sound fair or would he be entitled to more?

I hope not - what even the 7 years, he did not live there? Tosh! They are not married, he did not provide a deposit or pay his way for significant periods he was there. Not to mention loans from OP, no involvement in improving/upgrading the property etc etc.

If you feel you can give him something to set off with, by all means, but that's it in a nutshell - a gift. Or give him back the 'rent/mtg contributions (not bills)' he actually did pay minus his debts to you and leave it at that.

He would have paid rent elsewhere so why should you reimburse him for paying his way?..in the hope that he doesn't shaft you for your property gains.

jamie11

I disagree.

He sounds more like a lodger to me, a verbal agreement is a contract just as much as if it's on paper.

You may struggle to prove that though.

Mojisola

jamie11 wrote: »

He sounds more like a lodger to me, a verbal agreement is a contract just as much as if it's on paper.

You can't be a lodger and a partner.

In theory, he may have gained a 'beneficial interest' for the time he paid half of the mortgage and therefore entitled to a percentage of the value of the house but he would have to spend money to go to court to claim it and it would probably cost more than he is entitled to.

Jhoney_2

Someone will come along and say you don't share a bed with a lodger, but you could if you both wanted to couldn't you?

Interestingly, Why doesn't he have to have a document/email etc stating that he agrees to move in only if OP donates him half of the house?

There are people married or not, all around the UK being chased for money to support their (acknowledged) children for maintenance, yet there is an argument put forward on a regular basis that moving into someones home - solely owned) is an automatic 50% share which you must fight to retrieve if you have them pay for the roof over their head and utility costs .

Jhoney_2

Mojisola wrote: »

You can't be a lodger and a partner.

In theory, he may have gained a 'beneficial interest' for the time he paid half of the mortgage and therefore entitled to a percentage of the value of the house but he would have to spend money to go to court to claim it and it would probably cost more than he is entitled to.

Thanks, I knew that was on it's way.