Living Together but house owned by only one

LegacyUser

Im divorced..I gave the family home lock stock and barrell to my ex in the divorce..Now I only earn an average wage but via voluntary redundancy and a few good property moves over the years have saved a tidy sum..

Im currentky living with my new partner (also divorced..) and her two chldren in a house that she has been renting (I am of course contributing fully to household..)
She does have a property but it is in another part of the country and she cannot find a buyer for it..currently it is rented out..

I'm considering buying a nearby property (in my name only)
Partner and children will move in and she will assist with paying mortgage/bills etc..
As I've saved quite a bit, it will be a small mortgage and hence outgoings for both of us will be considerably less that the current rent,,

QUESTION..what happens if we split up ?
Would she have any claim on the house I buy beacuse she will have contributed to mortgage etc?
I've lost one home already and am not going to risk another...I do have a child too so cannot risk loosing more...
Bear in mind she does have her own property, for now..

Any opinions?

Wibbs

TBH if I were you I would ask a solicitor well versed in family/property law.

BaZmO*

Well if she has her own house (which you wouldn't have a claim to if you split up because you're not the father of her children) why don't you come to some type of rental agreement so that she wouldn't be able to claim?

You could cite the fact that you've been bitten once for the agreement and that you need to protect your child's future.

Although having said that, suggesting some type of financial agreement mightn't go down too well.

The main thing is that you need to speak to a Solicitor so you know where you stand legally.

LegacyUser

BaZmO* wrote: »

Although having said that, suggesting some type of financial agreement mightn't go down too well.

Yes indeed..not an easy subject to discuss...but it will have to be discussed.

We're less than a year together and have both been 'round the block' so in all honesty, whilst things are great between us, it really could go anyway in the future...

But even if we do up something legal, it would be bizarre seeing her and kids move out if things went pear shaped...especially as a lot of the furniture would be hers...

Life's never easy

TheBigGuy

Unregistered wrote: »

Im divorced..I gave the family home lock stock and barrell to my ex in the divorce..Now I only earn an average wage but via voluntary redundancy and a few good property moves over the years have saved a tidy sum..

Im currentky living with my new partner (also divorced..) and her two chldren in a house that she has been renting (I am of course contributing fully to household..)
She does have a property but it is in another part of the country and she cannot find a buyer for it..currently it is rented out..

I'm considering buying a nearby property (in my name only)
Partner and children will move in and she will assist with paying mortgage/bills etc..
As I've saved quite a bit, it will be a small mortgage and hence outgoings for both of us will be considerably less that the current rent,,

QUESTION..what happens if we split up ?
Would she have any claim on the house I buy beacuse she will have contributed to mortgage etc?
I've lost one home already and am not going to risk another...I do have a child too so cannot risk loosing more...
Bear in mind she does have her own property, for now..

Any opinions?

i dont think so, not unless your maried, if you were married than she would have entitlements unter the family home protection act 1976.

go see a solicitor

BaZmO*

TheBigGuy wrote: »

i dont think so, not unless your maried, if you were married than she would have entitlements unter the family home protection act 1976.

go see a solicitor

She would also have a claim if he was the father of her children and paying towards the mortgage (I think)

mikemac

It's been raised a few times over on the legal forum
The example given was a guy owned a house and his girlfriend moved in. She basically lived rent free but was paying towards ESB, heating, etc.
They split up and she wanted a share of the house. There was a fair bit of spite and "what I can get" in this thread. The legal eagles over there gave 2 years as the time she had to be there before a claim would be entertained. Key point was she wasn't paying the mortgage or rent

Anyways, that's just an example and you need legal advice on this OP.
You'll get lots of help here but you probably need a professional on this

Nevyn

Anyone who moves in to your home and contributes towards it with out being a tentant with an actual rent agreement can be said to have invested in the house and can then at a later date try and recop thier share.

IF you want it to be yours and kept as yours being only in your name and the mortguage in your name then you need to sort out a tentant agreement with her for your protection.

MagicMarker

Speak to a solicitor.

My dad bought a house after my parents split, he had his solicitor draw up a ''contract'' that stated that my mother had no rights to the house (this was before they were divorced).

I'm sure your solicitor can help you out.

Good luck explaining this to your partner:)