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Will partner have legal rights to house?

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Comments

  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    He might have a claim on the property, it would depend on a lot of factors - including how the two of you treat it, both now and in the future - the fact that you refer to is as 'our' house, for instance, and the fact that the property is in your name because he can't get a mortgage (rather than because you both agreed that he would have no interest in the house) would both, potentially, be relevant.

    If you woud not want this, or if you and he want to recognise that you have paid the deposit, then it would be sensible to have a cohabitation agreement drawn up, and to review it regularly.

    This would mean that you would have to discuss and agree on your jint intentions, which reduced the risk of a dispute later on, and while not legally enforceable, it would be strong evidence of your joint intentions which a court would take into account if things came to that.

    If you do, later, get married then be aware that a cohabitation agreement would normally be considered to come to an end on marriage so if, at that time, you still wanted to record that you own / have a bigger share in the house you would need to have a pre-nup.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • trevormax
    trevormax Posts: 947 Forumite
    Part of the Furniture 500 Posts Name Dropper
    marksoton wrote: »
    Little?

    On and off relationship Maybe the OP is the one not committed. She didn't give enough information.
    Part time work only Maybe he spends more time looking after the child so that the OP can work full time without paying massive childcare costs
    Bad credit history some bad decisions in the past. Maybe he had credit with a former partner which went bad. We don't have enough info.
    Debts and lack of money same as above. we don't have enough info
    Pays no rent OP doesn't say the partner doesn't pay rent. She says she wont be taking rent/mortgage payments from him. This could mean she wont charge him rent to live there or expect him to pay towards the mortgage

    Nope, you're right. She's got a right catch there....

    Doesn't make him a waste. My brother in law was a successful retail manager until my sister gave birth to a very ill child. They decided that he would quit his job while my sister continued to work full time (for financial reasons). Therefor he has debts (jointwith my sister), no money and doesn't pay towards the bills. This is entirely because he chose to look after their new child yet it was deffinately the right choice.

    The OP is not looking for relationship advice about dumping her partner and to the people suggesting she do this, tell me, would you suggest the same thing if the genders were reversed?

    What the OP has asked for is whether or not the partner gains any financial benefit to the house that she is buying on her own.

    OP, I would suggest you seek legal advice. Also maybe have a read of this link. Specifically, as he wont contribute to themortgage or buying the house, the payments he makes are indirect financial contributions, so the part about a Constructive Trust might apply. >>>https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-live-with-your-partner-relationship-breakdown-and-housing/if-you-live-with-your-partner-and-you-own-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-beneficial-interest-if-your-partner-owns-the-home/
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    If he IS a waster with debt and no money, get rid.

    If he ISNT a waster and is a carer for their child as some are suggesting, why deny him a share of the family home as father of the child...
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    Sometimes when only one of a couple is purchasing the property the mortgage lender asks the other partner to sign a document declaring that they have no financial interest in the property so it's possible the OP's lender might do this.

    As for what her partner might be entitled to the answer is...well that depends. Shelter have this guide to housing rights for couples who are splitting up.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    marksoton wrote: »
    Just go it alone. I'm sorry but the bloke sounds like a complete waster.
    I don't get it, are all the people who have low income jobs all "complete wasters" then.


    I think your comment says more about you that the OP's other half considering there is nothing in the post to warrant that ridiculous statement.
  • datlex
    datlex Posts: 2,252 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    From what I gather from conversations at work. The best policy is to make him legally a lodger, rent book etc - the rent you charge can be his share of bills.
    Paid off the last of my unsecured debts in 2016. Then saved up and bought a property. Current aim is to pay off my mortgage as early as possible. Currently over paying every month. Mortgage due to be paid off in 2036 hoping to get it paid off much earlier. Set up my own bespoke spreadsheet to manage my money.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    datlex wrote: »
    From what I gather from conversations at work. The best policy is to make him legally a lodger, rent book etc - the rent you charge can be his share of bills.

    Are your colleagues rodgering their lodgers?

    They are either sharing the house with a partner whom they are live as one household and are building a future with, or they are lodgers, they cannot be both. Lodgers don't share a bed with their landlords they have their own bedrooms.
  • MissTigger
    MissTigger Posts: 45 Forumite
    A bit late in the game replying here but thanks for all your answers. I wasnt very clear but my partner is a very doting daddy when im at work, and im very grateful he does far more work than I probably do, but for much less money. We have come to the agreement that the house will be equally ours once we are married. In the meantime im saving up to potentially buy a second house.. (Very far distant future plan haha)
  • Money_maker
    Money_maker Posts: 5,471 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yasmine, please read back your previous posts. You have described this relationship as violent and aggressive. Less than 10 months ago you wanted somewhere safe for you and your child. You described your OH in less than savoury terms. Please keep the interests of yourself and your child foremost - people rarely change to complete opposites of what they are.
    Please do not quote spam as this enables it to 'live on' once the spam post is removed. ;)

    If you quote me, don't forget the capital 'M'

    Declutterers of the world - unite! :rotfl::rotfl:
  • LadyL2013
    LadyL2013 Posts: 191 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    YasmineA90 wrote: »
    Hi there,
    I've been with my partner for 3 years (on and off) and we have a baby together. He has a low earning part time job and I work and bring in most money. I am buying our first house (other than previously renting together) and because of his bad credit history, debts and lack of money I have had to be the sole name on the mortgage. It is my life savings that I have used for the deposit as well as some of my parents gift money. Because he has no input on the whole house so far I'm wondering if we ever split up would he have legal rights to the house? Would he be able to claim interest in the house? I'm not taking rent or mortgage payments from him but I will expect him to contribute towards daily life, bills etc.


    I'd be wary about even moving in with him and spending your life together but....


    Have a solicitor draw up an agreement so that he walks away with nothing. The general rule of thumb is that if they are contributing towards the mortgage (even if it's in your name), they are entitled. Make sure he is just paying bills and have a solicitor protect your assets.
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