Cohabitation agreement Scotland - cost?

letsbetfair

Short version: I've been quoted around £900 to get a cohabitation agreement drawn up. Does anyone know if this is usual in Scotland (I've had 2 quotes from Dundee firms) or are there any more affordable companies? I think I would need to use a solicitor.

Longer version: I'm buying a house in my name (with my savings as deposit and mortgage in my name) - some backstory [URL="https://forums.moneysavingexpert.com/discussion/comment/75288398#Comment_75288398[/URL]. My partner and her husband are moving in. When I discussed this with a solicitor, they suggested I would be seen as cohabiting with my partner but not her husband. They suggested a cohabitation agreement with my partner and a lodger's agreement with her husband. I think I'm ok to modify a template lodger agreement myself (e.g. using shelter's) but not to draw up a cohabitation agreement that's likely to mean anything legally.

I'm wondering how worthwhile a cohabitation agreement is here - we're in a fairly cheap part of the country, so my partner might be chipping in £2-300/month - and I wouldn't be doing this if I didn't think things would work out long term (we hope to own a house together in a couple of years). I know no-one moves in with a partner expecting things not to work out, though, but they sometimes don't... Also, thanks for the help on the previous post!

sheramber

earlier thread for information
https://forums.moneysavingexpert.com/discussion/5947631/buying-house-with-partner-moving-in

letsbetfair

sheramber wrote: »

earlier thread for information
https://forums.moneysavingexpert.com/discussion/5947631/buying-house-with-partner-moving-in

Thanks! Sorry if my link to the previous thread was playing up

Pixie5740

Why not phone round a few solicitors to get quotes? I'm not sure if having an extra person in the equation means it more more and therefore more expensive.

davidmcn

The quote doesn't sound outrageous to me - these things can't be taken "off the shelf" so will need a bit of work to draft.

Bear in mind your partners will (each) be advised to get independent legal advice - not compulsory though, and should be cheaper if your solicitor has done the major part of drafting.

letsbetfair

Thanks - this is too complex for the type of more template-based or internet-based services one gets for simple wills, then?

I've called around a bit more, and quotes seem to hover around that level (this is just for a cohabitation agreement for the two of us - I won't be living with any other partners). Wasn't sure if I was missing other options, though.

davidmcn

letsbetfair wrote: »

Thanks - this is too complex for the type of more template-based or internet-based services one gets for simple wills, then?

I would say not enough of a market for poly threesome cohabitation agreements in the first place (never mind "Scottish version where only one of them is the owner"), and more likelihood that each case will have its own particular requirements.

letsbetfair

davidmcn wrote: »

I would say not enough of a market for poly threesome cohabitation agreements in the first place (never mind "Scottish version where only one of them is the owner"), and more likelihood that each case will have its own particular requirements.

Fair point! From speaking to a solicitor, though, they don't think I'd be viewed as cohabiting with my partner's husband (I'm not in a romantic relationship with him) so I think the agreement would just cover me and my partner. Still too complex for template type services, I'd guess, though?

I guess one option would be just forego a cohabitation agreement and not charge rent (my partner could save the money with a view to either buying part of the house if all goes to plan, or having a nest egg of her own if it doesn't). I gather that this would reduce, but not remove, the chance of a claim if all did go unexpectedly pear-shaped...

letsbetfair

Just a final bump, in case anyone can suggest other options...

If not, are there any particular (money-related) issues I should look out for if I just don't charge my partner any rent but she pays a share of bills (barring mortgage and home maintenance/insurance)?