Residential lease with girlfriend

Helptobuy18

Hi all,

Basically Im in the last stages of buying a house. Offer has been accepted etc etc. Me and my sister have bought together with my dads help, but my girlfriend will also be moving in in the next 6 months. Now my dad wants her to sign an agreement along the lines of I am only paying rent and am not contributing to the mortgage so I will own nothing when it comes to selling (along those lines) this is completely fair in my eyes and my girlfriend is happy to sign. I think the closest document I have found is called a residential lease, however from what I gather that would make us landlords, this will be much harder due to changes in the mortgage etc.

What are my options in this situation?

Thanks

Helptobuy18

After further research, I think a declaration of trust would be the way to go. Along the lines of the above statement. Would this work?

davidmcn

Helptobuy18 wrote: »

What are my options in this situation?

Tell your dad to mind his own business? The property will be owned by you and your sister - even if that is with dad's help, it doesn't mean he can dictate what arrangement you come to your with your gf.

But as you've already figured out, a lease isn't appropriate (you tend not to get into bed with your landlord...). Not sure a declaration of trust is either. You can put whatever you like informally into writing, it might be better than nothing but it doesn't necessarily avoid arguments if and when the time comes.

buggy_boy

I think there is an old myth, along the lines of common law wife/husband... The only way your girlfriend would be entitled to a share of the property would be if you made an agreement to that effect... A lodgers agreement seems to be about the closest...

If anything happened and she tried to make a claim even if she paid towards the mortgage she would have to prove the intention of her paying that mortgage was that she would gain a share in the property.. Thats extremely difficult if not impossible to prove without written agreement. If it is just about keeping your Dad happy about this myth then simply make a lodgers agreement or a declaration that any "rent or bills" payed by your girlfriend does not entitle her to any share of the property.

Tom99

I think a cohabitation agreement is what you need not a lodger/tenancy/deed of trust

00ec25

Tom99 wrote: »

I think a cohabitation agreement is what you need not a lodger/tenancy/deed of trust

^^^^ this seconded

https://www.theguardian.com/money/2013/mar/09/cohabitation-agreement-essential-non-married-couples

take note of
"Basically the law does not recognise in any meaningful way a living-together relationship outside marriage or civil partnership,"

"Partner A also has no legal right to a share of the property, even if he or she has contributed to the mortgage or paid in other ways, such as staying at home to care for the children."

Pixie5740

Why would the girlfriend want to agree to that? Why shouldn’t she get a share of the equity if she is helping to pay the mortgage off and is neither a lodger nor a tenant?

Your dad should keep his beak out. It was a daft idea helping you and your sister buy a place together anyway. How long do you envisage you and your girlfriend wanting to live with your sister?

Lysimache

If she pays you anything towards mortgage or bills, you will be subletting to her as a life in landlord.

If your total payments in are less than rent a room allowance, it doesn't matter too much.

Pixie5740

Lysimache wrote: »

If she pays you anything towards mortgage or bills, you will be subletting to her as a life in landlord.

If your total payments in are less than rent a room allowance, it doesn't matter too much.

Rubbish. There will be no subletting and the OP will not be a live in landlord therefore the RaR scheme doesn't even come into the equation.

Comms69

Lysimache wrote: »

If she pays you anything towards mortgage or bills, you will be subletting to her as a life in landlord.

If your total payments in are less than rent a room allowance, it doesn't matter too much.

Just to reiterate what Pixie already said, this is wrong in every way possible. Like literally every word is wrong.

TBagpuss

A cohabitation agreement would be the appropriate way to deal with this. you can set out specifically that financial contributions she makes will not result in her gaining any interest in the property.

It's sensible to review an agreement like this periodically - at least every 3 years or when there ware any changes of circumstances such as you getting engaged or having a child.

Claims by cohabitants against property are based on the idea that there is an implied agreement that financial contributions = financial interest in the property, so an explicit, written agreement that that is not the intention disproves the claim that there was an implied agreement that the contributions would result in an interest in the property.

That said, this is all purely between you and your partner, not your dad