Boyfriend moving into daughter's house

phebe3

Hi, I have been googling but it seems a misty area...my daughter bought a house 3 years ago. (not outstanding..with a mortgage..she's only 25!) Her boyfriend, who we like very much and seems a decent bloke is moving in with her in a week or two as they want to set up home together. I am just slightly concerned as the house is hers, paid for by her...would he have any claim on it if, in the future, they split up? He will be paying her £200 rent/contribution money or so (as food/council tax/water etc will all go up for her) and they don't plan any major work...it is a two bed house and if anything they would be saving for a larger house.

Should she get anything drawn up (though am not sure she will be amenable...loves young dream etc) although she did mention it a bit back when they first talked about moving in together.

I would appreciate any advice...

Red-Squirrel_2

£200 a month is highly unlikely to cover half the bills and food, let alone make any dent in the mortgage payment, so I don't think there's any concern that he could build an interest in the property, but is your daughter happy that she will be subsidising him?

What is he going to do with all the spare cash he'll have due to only having £200 a month living costs? Will he be putting it away in order to save for his and your daughter's future together? Will he be paying for all the 'fun' stuff like holidays and nights out as his contribution?

aneary

I would draw up a cohabitation agreement but I'm cynical and my mother is a solicitor.

phebe3

I'm not sure...they sorted the amount themselves.,,and she is 25 so it is up to them I feel. As far as I understand he will pay that but in addition will buy food etc. He's already bought a bed to replace her's and is pretty generous.. I think he wants to save to put a deposit down on a house. He is a nice lad, has a solid full time job....but you never know and I just worry. We have 3 kids and for 2 of them their dream was owning their own home and save madly to do so. (the other is more of a free spirit but does own her own home jointly with her boyfriend as he wanted to put money into bricks and mortar)

phebe3

My sis in law is a criminal soliciter...so not sure she could do that?....(co hab agreement) I too am a bit cynical and v protective of my money....

Arleen

The good old adage is to not play shared house if you do not, well, share the house. So draw some sort of agreement to make the house arrangement clear which will protect your daughter's house and her BF interest. Becuase if he just moves in, no paperwork at all, what happens if they break up? Does he have to just get up and leave? Can he stay for a month to search for a place? All this stuff is best to sort out now, not when it happens and probably the BF should just get a lodger agreement.

Red-Squirrel_2

Arleen wrote: »

All this stuff is best to sort out now, not when it happens and probably the BF should just get a lodger agreement.

He won't be a lodger though, lodgers don't share a bed with their landladies, in theory!

It would be a cohabitation agreement they'd get, but they aren't legally binding anyway.

Arleen

Red-Squirrel wrote: »

He won't be a lodger though, lodgers don't share a bed with their landladies, in theory!

It would be a cohabitation agreement they'd get, but they aren't legally binding anyway.

I fail to see how bumping uglies would prevent him from being a lodger. And unlike cohab agreement, this is actually binding and will specify how each party is protected.

aneary

phebe3 wrote: »

My sis in law is a criminal soliciter...so not sure she could do that?....(co hab agreement) I too am a bit cynical and v protective of my money....

If a solicitor draws it up the BF would need to get a separate solicitor to advise him. You may be able to get a cheap one from WHSmith which will probably cover things as he is paying such a low amount and easy to show that he isn't contributing to the mortgage, a full blown solicitor one is probably only needed when you have unequal parts in the property or you start looking at doing major work.

aneary

Red-Squirrel wrote: »

He won't be a lodger though, lodgers don't share a bed with their landladies, in theory!

It would be a cohabitation agreement they'd get, but they aren't legally binding anyway.

No but they are a sign of intention and if things don't change (children/major works on the house etc) then the court will refer to the agreement and unless there is an unfair clause they will generally stick to the agreement terms.

G_M

Red-Squirrel wrote: »

He won't be a lodger though, lodgers don't share a bed with their landladies, in theory!

or in practice, in my experience.