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MMD: Should Jennifer do the deeds with Brad?

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  • "Does anyone know what the legal position is in terms of how long you can live with someone and contribute to the household before having a stake in the property? Didn't a lodger sucessfully sue their landlord for half the house after carrying our repairs and decorating? If this is the case, be careful even accepting money toward bills. A legal agreement may be the best way."

    Be very careful about this sort of thing!!

    There is no hard and fast rule about when a partner gains rights and no such thing as a common law wife! However it is possible to gain a stake in a property under a legal principle known as "Equity" if you have been paying towards the mortgage, paying towards the mortgage in order to free up your partners income to pay the mortgage, doing DIY and household improvements etc. Don't not rely upon being able to establish an equitable interest as it is very difficult, but likewise don't assume that because your partners name isn't on the property you are safe from them being able to claim an interest. The only way to protect yourself is to get proper legal advice and if necessary sign a contract. Remember you must also be careful about breaching your mortgage terms by accepting rent from someone living in the house, and if you are the one moving in beware that don't have the same rights as you would if renting!!!
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