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Shared Ownership - Rules of moving in with a partner?

Hello all!

I have spent the last five hours extensively googling this and finding absolutely nothing, apart from the fact that partners don't count as lodgers - but I don't know anything further than this!

I've recently started going through the process of buying a shared ownership property. My boyfriend will be moving in with me, though the deposit is 100% mine and I am the only one who will have their name listed as an owner - though on all the forms etc I put the boyfriend down as well as a resident in the property.

I can't find anything whatsoever about the rules regarding this. Obviously I put him down so it's not like I'm hiding him, and of course the properties can't ban you from ever having one come and live with you - but I can't find out anything apart from that he's definitely not a lodger.

What are the rules, if any? I assume it's no problem and he is able to pay half the bills with no worries? How about if we were to break up - as I am the sole owner, I assume this is all fine and no weird court battle aside from giving him notice on leaving?!

Thank you for any help!

Comments

  • Johnhowell
    Johnhowell Posts: 692 Forumite
    Part of the Furniture 500 Posts
    edited 6 November 2016 at 4:11PM
    You are the owner: paid all the deposit, pay all the mortgage that is only in your name. Ensure that everything that is for the fabric (fixtures and fittings) of the property - you pay. All maintenance issues, building works, etc. - you only pay.


    My partner moved into my property and only pays the share of utility and council tax bills. We also share the grocery shopping.


    Previously, I bought into me ex's property (30/70% tenants in common - registered at Land Registry). Stupidly paid 50% of joint mortgage, 50% of extension works. After some years, she went to court to get me out. Judge disagreed and through the application out. Being joint owner allowed me to stay until we eventually sold - which did not go well... Also, do not open a joint bank account as you will be financially tied to him.


    If you break up and you are the only owner. You can ask him to just leave. As my ex did once for a previous boyfriend - double lock/bolted the doors, left the building by a door he did not have a key for. Left his property in his car on the drive. Went to friends house for the evening.


    Ensure your boyfriend does not pay for the building or even rent - he will not be able to claim any benefit of the property.


    If really concerned see a solicitor in family issues for advise.
    I hope you are lucky like I am in my new partner. We have a routine in paying for the joint stuff each. We keep a tally of costs and square up monthly. We have paid equally for furniture - which can be "halved" if the worst happens.


    Sorry for some bad news but be realistic...
    Good luck,
    John
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can't find anything whatsoever about the rules regarding this. Obviously I put him down so it's not like I'm hiding him, and of course the properties can't ban you from ever having one come and live with you - but I can't find out anything apart from that he's definitely not a lodger.

    Make sure the council know he's your partner - for council tax purposes he's jointly liable for the council tax charge due on the property (whether you want him to be or not).

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • Elfbert
    Elfbert Posts: 578 Forumite
    Ninth Anniversary 500 Posts Combo Breaker
    I think he'll have to sign something - I've a feeling the term is 'excluded occupier' - to tell the mortgage company that he claims no rights to the property, and if they have to repossess for some reason, they can throw him out, basically.

    It's a long time ago, but I think that's what my partner had to do in the exact situation you describe (application was mine, deposit was mine, mortgage was mine, but he lived there with me form day1 )

    (we now have a new flat and a joint mortgage! :) )
    Mortgage - £[STRIKE]68,000 may 2014[/STRIKE] 45,680.
  • Hi Wordsearch,


    I just wanted to know if you and your boyfriend had managed to move in to your shared ownership property with no problems? I am in a similar situation whereby I am looking to buy my first SO property but my boyfriend will be living there too.


    Thanks.
  • marliepanda
    marliepanda Posts: 7,186 Forumite
    CIS wrote: »
    Make sure the council know he's your partner - for council tax purposes he's jointly liable for the council tax charge due on the property (whether you want him to be or not).

    Craig

    Is the for all councils? Our office will only put people on as liable parties if they are joint tenants or just owners. Her partner would be considered a resident to us. He'd preclude her from single persons discount but wouldn't be liable.
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