Girlfriend Moving in

Thunderchild2015

Hi

I have a quick question and I am wondering if anyone can advise me
on it.

I have recently decided to allow my girlfriend to move in to my
house, which I own on a mortgage in my name only. We have been
together for a while now and whilst I am adamant everything will
go well between us, I am curious what would happen if we were to split
up ever. I have spoken to a number of friends about this and the best safeguard they
can advise me on is to allow her to pay half of the bills, excluding the mortgage
but in cash. That way if the unthinkable happens she will not have a legal
claim over my property.

Sorry to be so a negative-pegative on this matter but I’m just trying to
prepare myself for if something bad were to happen.

Regards

Philip

benten69

From what I remember your friends are pretty much right. In order to have a claim on your property she needs to prove that she has paid towards in in some way shape or form and as such has earned a share of it. So if you built a new extension and she paid for all of it, she would own a fair chunk of the house.

Again, if she pays half the mortgage for 10 years then you split up, she has a right to it. However if she doesn't contribute to anything other than bills she shouldn't have any legal recourse on your property.

This is going back to something I read a while ago when looking into exactly this, so don't take my word as gospel. Hopefully someone else will confirm soon enough.

David_White

https://www.citizensadvice.org.uk/relationships/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

"Common-law spouses

Although the terms common-law wife or husband are frequently used to describe a couple who live together, these relationships do not have legal recognition."

Imma_Number

David_White wrote: »

https://www.citizensadvice.org.uk/relationships/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

"Common-law spouses

Although the terms common-law wife or husband are frequently used to describe a couple who live together, these relationships do not have legal recognition."

Lower down on that page under Owner-Occupiers: Living together

If you are the sole owner, you have a right to stay in the home. However, your partner may be able to claim a 'beneficial interest' in it – see below.

If your partner is the sole owner, you may have no rights to remain in the home if you are asked to leave. However, if you have children, you can ask a court to transfer the property into your name. The court will only do this if it decides it is in the best interests of your children. It is usually done for a limited period, for example, until your youngest child is 18 years old.

If you don't have children and your partner is the sole owner, the only way you may be able to claim long-term rights to the property is if you are able to show you have a 'beneficial interest' in it.

Then this link is probably more relevant:
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/

David_White

*edited - I'm wrong.

"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."