Boyfriend moving in - could he have ownership claims to my home?

littlemiss19

Hi,

I own a three bedroom home that I am paying a mortgage on. I have a tenant who pays rent for one of the rooms. My boyfriend is thinking about moving in. He owns a 2-bed flat and will rent that out. We are discussing how much my boyfriend should pay for bills and also I am wondering if my boyfriend contributes to the running of the house or pays rent, whether they would have any claim to ownership of the house? We have been together for 2 years and have always had our own places. Is there anything I should do to protect myself without upsetting my boyfriend?

Thanks,

Little Miss

tacpot12

This is a very sensible question. It's a situation I've had to deal with and am still living through.

The best answer is a cohabitation agreement where you set out what you have both agreed about your finances.

My partner owns the house where I live. She always intended to leave the house to her children, so we agreed that I would never get a financial interest in it, and I agreed to pay her 'rent'. In practice, this 'rent' was half what I received in rent from the home I owned (outright), after expenses; as I was able to rent this out when I moved in with her.

As part of our agreement, we agreed that we would share the regular household bills equally (we were both earning similarly, which helped). I agreed I would help with the irregular bills such as replacing appliances, furniture, and minor repairs, but would not contribute to major repairs; e.g. replacing windows, replacing the roof when it needs doing etc. Effectively these are covered by the 'rent' I was paying her.

We've been together move than 20 years now, so it has worked for us. I ended up selling my home and have invested the money as I will need to buy a new home if she were to die before me. It's not a perfect solution; once you know that you are in a long-term relationship and feel you know how he will react if you ever have to seperate, him selling his home and using the money to buy half of yours would be a sensible next step.

Keep_pedalling

He would not be a lodger so should not be paying rent. Anything he pays beyond his share of the houshold expenses is helping you pay down your mortgage so he could later claim has given him a beneficial interest in your property.

poseidon1

A formal cohabitation agreement would be sensible, ideally prepared by a legal professional - the following article - provides a brief snapshot of matters to consider

https://www.lawsociety.org.uk/public/for-public-visitors/common-legal-issues/moving-in-together-getting-a-cohabitation-agreement

However, undergoing this formal process could be an initial source of contention, but for the fact your boyfriend has his own property. So, best consider how you would feel if the roles were reversed. If you are both sensible and rational individuals one would hope a formal agreement would not be an issue.

Perhaps this will present a good opportunity to discover whether you are both on the same page with regard to mutual expectations at this early stage of the relationship.

Although there are number of co-habitation agreement templates available on the internet, a DIY approach to such agreements is risky where you have zero knowledge of the legal regime pertaining to co habitees.

sheenas

I would say he should contribute and consider that it would be fair on the basis he has an income from his flat. He has no legal right to your flat as he does not own it. I would not spend money on a legal contract but write down the agreement. Performance of that agreement is deemed acceptance.

Have said this don't let him pay directly towards the mortgage or alterations these would be considered beneficial interest and could cause problems, if things don't work out.

Emmia

I would pay for a legally drafted cohabitation agreement, so you're both clear on what you "own" and have rights to, preferably before he moves in.

Albermarle

Similar recent thread, worth a read.

Partner moving into my house - what is a fair contribution? — MoneySavingExpert Forum

 I have a tenant who pays rent for one of the rooms.

Presume you mean a lodger, rather than a tenant ? There is a lot of difference in terms of rights etc.

poseidon1

https://forums.moneysavingexpert.com/discussion/comment/82069918#Comment_82069918

A surprising response from someone resident Scotland.

Scotland ( unlike England) has attempted to take the bull by the horns and enacted primary legislation to govern issues related to co habitees as set out below:

https://www.legislation.gov.uk/asp/2006/2/crossheading/cohabitation

I would suggest attempting to prepare an agreement in ignorance of Scotland's own legal strictures on the subject, is likely asking for trouble if one party subsequently seeks to challenge the validity of the DIY agreement. Worse case scenario, Scottish courts override the agreement based on the statutory presumption of enforcing 'fairness' and equity between co- habitees.

The following guide provides a brief comparison between the two jurisdictions when it comes to co habitees. As I say England ( as usual) lags behind Scotland and remains primarily concerned with issues related to land law only (for the time being ) . The Scottish legislature has attempted to be more proactive and address wider issues given the massive rise in the number of cohabiting relationships.

https://www.weightmans.com/insights/cohabitation-a-quick-guide-to-family-law-in-englandwales-and-scotland/#cohabitation-in-england-and-wales

kaMelo

Although there is an ongoing Government consultation on ' A fairer end to relationships:' which may change everything, whether you pay into the household or not.

https://www.gov.uk/government/consultations/a-fairer-end-to-relationships

ButterCheese

I would go with any advice here that is offered, read all the links, and basically protect yourself as much as you can. Not to put a downer on it, but people can change very drastically and very quickly following a breakup. The person you know now may not be the same person you are dealing with if it doesn't work out.

I was in a similar situation, I moved in with my ex-wife and the mortgage, bills etc were all in her name. They would not take her ex off the mortgage, but agreed to take him down to 1% and her 99% (whatever that means legally). I paid half of all monthly outgoings i.e. mortgage, council tax, groceries, repairs (like broken windows) and furniture. Most of it was also ad-hoc i.e. if she said she was a little short one month, I'd just pay all of the £200 food shop. I paid slightly less than half for some things because she had 2 kids from 2 other dads who were both paying her maintenance. e.g. kids breakfast club, presents etc I did not pay half for as the maintenance should have covered that.

When we split, I claimed nothing from the house. We were both happy with that and remain civil with each other. She then contacted me a year after the divorce and volunteered a verbal agreement (after she saw a solicitor) that if/when she sold her house, she would give me £12k. I don't know if this was an appeasement so I wouldn't claim any more, or whether it was just good will. I've said yes I'll gladly take it, but I doubt she and her new husband will sell in the next 10 years.

sheenas

https://forums.moneysavingexpert.com/discussion/comment/82070042#Comment_82070042

While interesting the question was "could he have ownership claims to my home" are you suggesting otherwise to the advice given?