Buying a house with girlfiend

mallen

Hi, just after some information on where people stand when buying a house with a girlfriend. 
After divorcing over a year ago I am now thinking about my future and how to protect myself when in a further relationship.
Can legal agreements between non married couples be drawn up if you purchase a house together. Say I put in 60/40 monthly or a bigger deposit can this be made so in the event of a split you both get back what you agreed at the start?
I currently own a property and so does she, we are both looking to rent out our individual properties out and buy together. We both have children from a previous relationship but not together. What would my rights be if we were to have a child together but not married and split? Could she make me leave the house for 18 years? I have heard and read this on the internet. If this is the case what protection do guys have when in this situation apart from getting the snip.

Scorpio33

Yes . I am in a similar position, but I currently own my own house and she doesn't.

if she is not on the deeds, unmarried, as long as she doesn't contribute anything to the house (including major works to the house), then she won't have a claim.

If you are both going to be on the deeds (& presumably mortgage), you need the title held as tenants in common(rather than join tenants), as well as getting a trust deed drawn up. This will detail what % of the house you own, and what % she owns.  Then if you split, you are both entitled to you resepctive %s (after costs).

Should you have a child together, the needs of the child comes first. If she is the main carer for the child, it would mean that housing her and the child would be seen as a proirity. This could mean that she stays in the house and you move out, but it depends on who is the main carer, your respective earning powers and what is best for the child long term. Even if you moved out, you would still be entitled to your share.

Stateofart

If it were me I would do it 50/50 jointly.  Both put the same in for deposit.  If she can't afford to contribute 50% to the mortgage and bills, I would step up as a partner and pay the rest but still keep the agreement 50/50.  There's always a partner on less money than the other and in my view, the mortgage and bills should really be based on a percentage of your earnings.  For example, you earn 20k and she earns 10k, I would expect you to pay more so it feels the same for each.

Exodi

mallen said:

Hi, just after some information on where people stand when buying a house with a girlfriend. 
After divorcing over a year ago I am now thinking about my future and how to protect myself when in a further relationship.
Can legal agreements between non married couples be drawn up if you purchase a house together. Say I put in 60/40 monthly or a bigger deposit can this be made so in the event of a split you both get back what you agreed at the start?

Very common and easy to do -

Done by a 'Deed of Trust' and owning the house as 'Tenants in Common'. A Deed of Trust is a document written with a solicitor in which you define how the proceeds of the house will be divvied up in the event of a sale.

An unequal initial contribution stipulated to be returned after a split is very normal.

Stateofart said:

If it were me I would do it 50/50 jointly.  Both put the same in for deposit.  If she can't afford to contribute 50% to the mortgage and bills, I would step up as a partner and pay the rest but still keep the agreement 50/50. 

We'll see if you think the same after you have walked a mile in the OP's shoes (e.g. a divorcee) or if the partner you agreed to be joint tenants with cheats on you and takes the full half the house you gracefully gifted.

Expecting people to just gift their girlfriend tens of thousands of pounds, while romantic, is not realistic and makes for terrible money saving advice.

castle96

there is no 'romance' in these financial decisions/safeguards. Think of the worst and 'protect' against it

MrsStepford

My brother's wife took the entire house when she divorced him. When he and second wife bought together they had his kids and hers, living with them in a smaller house. 

springboot

If unmarried and not on the deeds, she won't have a claim to the house if she doesn't contribute. If both on deeds, consider tenants in common with a trust deed specifying ownership percentages. Child's needs are prioritized; main caregiver's housing may be prioritized, but fair share entitlements remain.

marcia_

springboot said:

If unmarried and not on the deeds, she won't have a claim to the house if she doesn't contribute. If both on deeds, consider tenants in common with a trust deed specifying ownership percentages. Child's needs are prioritized; main caregiver's housing may be prioritized, but fair share entitlements remain.

 Why are you dragging up old threads? 

Robertsnuffles55

That’s solid advice, especially about holding the title as tenants in common and drafting a trust deed. It’s important to protect both parties' interests while also being fair. The part about prioritising the child’s needs if you have one is also spot on, it’s a reality to consider when planning for the long term.

Just to add, it’s worth seeking proper legal advice to make sure everything is set up correctly and there’s no room for ambiguity. Every situation is unique, and having the right documentation in place from the start can save a lot of stress later on.

Trust me I know from experience!!!