Residential lease with girlfriend

saajan_12

Lots of clouding of the issue
- You're not letting a room, the gf isn't a lodger with lodger's rights so the RAR is irrelevant
- Common law partners relates to rights arising from simply living together, even without a financial contribution

The point here is as TBagpuss says: GF's payments would be assumed to be contributing to the mortgage, unless explicitly agreed otherwise.

TBagpuss wrote: »

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.

Tom99

TBagpuss wrote: »

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

And sister of course because she owns half the property.

Mutton_Geoff

Your girlfriend could live with you for 10 years, pay all of the mortgage, all of the bills, all of your food etc and she would still have no rights to a share of the property. Currently the law does not recognise "common law" status.


She will have to move in after you have completed the purchase since the mortgage company will not allow anyone over 18 not signed up to the mortgage to live at the property upon completion. My guess is you have to notify them as a change in situation when she moves in since, although she has no rights to a share, she has rights to a roof over her head which may compromise the mortgage company's rights if they need to evict you for non payment of the mortgage.


Presumably you are over 18 since you are buying a house. Your Dad may have an opinion but it is not his business to tell you what to do. I bought my first place to get away from my parents!

bagpussbear

OP what discussions have you had with your sister? Presumably she is happy with the girlfriend moving in, but what if they don't get along or if she wants to bring in a partner, and it just doesn't work personality wise between all of you?

Even if your girlfriend thinks it fair to sign any cohabitation agreement now, she may not feel the same 1-2 years into the relationship about the fairness of it.

I am sure I can't be the only one thinking this is going to be fraught with future issues?

Comms69

This as a trial period is typically a good idea. You try it for 6-12 months and the reassess. But long term it's not going to work, and once kids are involved (if they are) forget about it.

Helptobuy18

Hello all, first of thanks for the advice i will be going for the cohabition agreement, just to confirm a few things:
She would only be paying 150 per month for bills and food etc, the idea is she saves money every month so she can help with the deposit when we buy together
There are no kids involved; we are only twenty and she is just about to finish university.
The house me and my sister are buying has a basement studio so we are only going to be sharing the kitchen.
My sister does not mind her moving in

pinklady21

You are intending buying a house together with your GF in the future. Bear in mind that as you already own a property, you will lose the right to be treated as a first time buyer when you buy the next one.
this will have consequences for both Stamp Duty and first time buyer mortgage status.
You may also find you have to pay 3% additional stamp duty if you do not dispose of the house you are buying with your sister.
There are a few implications of what you are doing that may (or may not) be a problem in the future. Just make sure you are aware of them and think things through carefully. Best of luck.

Helptobuy18

I'll go ahead with the trial period and then reassesses thanks

pinklady21

The point is, once you have purchased a property, you are no longer a First Time Buyer. This has implications for you in the future. You need to think these through BEFORE you go ahead with a "trial period".....

Mutton_Geoff

Penitent wrote: »

Are you sure about this? When my mother bought her house, she was the only one named on the mortgage, but both her partner and I (both over 18) moved in with her on completion

Were the lenders aware of this intention during the buying process. The advice from my solicitor during my recent purchase was that this would "complicate" the issue with the lender (Santander). Maybe it's a simple signature on a form or maybe different terms for the mortgage, I don't know. All I know was in my situation, I was advised against it.