Partner moving into my house

InterestedK

Hi all,

I'm looking for some advice.

I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

Any help is appreciated. Thanks!

dobman88

InterestedK wrote: »

Hi all,

I'm looking for some advice.

I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

Any help is appreciated. Thanks!

Yep. That's what we did. She owns the house. I moved in. Pay her x a month that she keeps track of and I pay by bank transfer so there's an easily accessible trail.

What I'd suggest is coming to an agreement on an amount inclusive of bills. You already pay the Bill's and have them all set up in your name, last thing you want is to be splitting a bill once a month.

Dial Hard

InterestedK wrote: »

Hi all,

I'm looking for some advice.

I'm thinking about asking my partner to move into the house that I own (took out a mortgage last year), but I want to make sure that I do it in the right way, so that should something happen between us, that he is not entitled to any piece of the property and contents etc.

I have heard that the best way to do this is to simply set up a rent book and keep track each month of the rent that he will pay me, plus bills, so technically he is a lodger, but I just want to be sure that I am not missing something here.

Any help is appreciated. Thanks!

It doesn't really matter what you do, he'll be entitled to look for an interest in the property after 5 years regardless, 3 if you end up having children. It's not an automatic entitlement and he doesn't "get" 50% or any particular share, despite what the doom-mongers here will tell you, but if you broke up after either of those time periods, he can apply for a share in the house.

What that is will depend on what you both brought to the table initially, what he contributed to the house while he was living in it, both of your financial situations at the time of the break-up and, finally, the judge in question on the day.

YellowLead

Dial Hard wrote: »

It doesn't really matter what you do, he'll be entitled to look for an interest in the property after 5 years regardless, 3 if you end up having children. It's not an automatic entitlement and he doesn't "get" 50% or any particular share, despite what the doom-mongers here will tell you, but if you broke up after either of those time periods, he can apply for a share in the house.

What that is will depend on what you both brought to the table initially, what he contributed to the house while he was living in it, both of your financial situations at the time of the break-up and, finally, the judge in question on the day.

This is true. Call him a lodger all you want but if you are in a relationship he would be entitled to claim a share as per above time periods, it would be up to the courts to decide how much. Him contributing towards rent would be seen as him contributing towards mortgage because of your relationship, even if you are calling it rent

https://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/property_rights_and_the_breakdown_of_a_cohabiting_relationship.html

dobman88

Jesus.

If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.

senordingdong

dobman88 wrote: »

Jesus.

If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.

Love tends to go out the window when money is involved.
That's why these protections exist.

LollipopJimmy

I did this recently. The share in the house never crossed my mind. As for paying her way, I said name a figure that she thought fair and send that each month. I thought it was too much so suggested saving the difference for our holidays

dobman88

senordingdong wrote: »

Love tends to go out the window when money is involved.
That's why these protections exist.

I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

punisher5112

I believe we should have prenuptial agreement here.....

Extremely unfair for say someone that has bought and paid say for 10 or 15 years and then relationship starts, finished and the other especially if it's a woman gets to keep the house once kids are involved and then gets a stake in it and it does tend to be 50%

I know many it's happened too.

punisher5112

dobman88 wrote: »

I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

How though, it happens a lot.....

You could be deeply in love but greed and money is unreal what it does to someone.

YellowLead

dobman88 wrote: »

I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

Agree, but she did ask, so why not inform her

bcklschaps

dobman88 wrote: »

Jesus.

If you're with someone who would try and claim part of the house and take you through the courts, you need to rethink your relationship.

God forbid if me and my missus ever break up, I wouldn't dream of trying to do something like that.

You probably don't think like that at the start, but time changes a lot of things....and relationships break up...(not always without acrimony)

If a partner had put a lot of value/money into a shared home....they are entitled to get that back if they are forced to leave at some point, down the line.

senordingdong

dobman88 wrote: »

I understand why the legal aspect has to be in place. But surely the OP can judge the type of person they're with. And if they're the type to drag you through the courts, you're better off cutting losses, not moving them in.

Everybody that had been through a bad divorce/separation has thought the same.

ED E

punisher5112 wrote: »

I believe we should have prenuptial agreement here.....

Yeah, its a bit of a disaster that its prevented here.

mickuhaha

Rent out the rooms in the house and move in with her.

YellowLead

The truth is your partner might be able to get their own mortgage but is willing to put that on hold to move in with you so would you be willing to pay them back the money they gave you towards your mortgage if you split? Otherwise they have been giving you money towards your mortgage and they end up with nothing if you split.
If you want to live with your partner then I think you have to be willing to share.

punisher5112

mickuhaha wrote: »

Rent out the rooms in the house and move in with her.

If they stay together though she would still have rights over assets....

YellowLead

punisher5112 wrote: »

If they stay together though she would still have rights over assets....

I don’t think that is correct when they are not married. Cohabitation is different and as far as I know it’s only the house you lived in together you have a claim to, and maintenance if you are financially dependent.

senordingdong

YellowLead wrote: »

The truth is your partner might be able to get their own mortgage but is willing to put that on hold to move on with you so would you be willing to pay them back the money they gave you towards your mortgage if you split? Otherwise they have been giving you money towards your mortgage and they end up with nothing if you split.
If you want to live with your partner then I think you have to be willing to share.

The only alternative in that instance is that she sells her house and they start fresh 50/50.

YellowLead

senordingdong wrote: »

The only alternative in that instance is that she sells her house and they start fresh 50/50.

Exactly. Either start afresh together or be willing to pay back what’s owed in the event of a split.

dobman88

YellowLead wrote: »

Agree, but she did ask, so why not inform her

Oh I agree. Its definitely better to inform her. it wasnt something I was aware of myself tbf. I just think its mad youd move in with someone or invite someone into your home if you dont trust them that much. As I said, I'd never dream of doing anything like that to my missus if the worst was to happen

Del2005

mickuhaha wrote: »

Rent out the rooms in the house and move in with her.

You can't rent out the rooms in a house you don't live in without paying tax at your marginal rate. The €14k exemption from tax is only if you live in the house. Probably cheaper to let their partner get a share of the house then rent it out and rent another property.

ebayissues

YellowLead wrote: »

The truth is your partner might be able to get their own mortgage but is willing to put that on hold to move on with you so would you be willing to pay them back the money they gave you towards your mortgage if you split? Otherwise they have been giving you money towards your mortgage and they end up with nothing if you split.
If you want to live with your partner then I think you have to be willing to share.

Hang on, I disagree with the above. The partner moving in will pay less than if she were renting by herself. Effectively aren't they saving more instead?

What percentage can the partner ask for if thry split up?

Lets say A got mortgage, B, the partner moving in didn't contribute towards deposit, but paid 50% of mortgage payments each month for 3 years. Is she entitled to 50% of these payments? Surely can't be.

YellowLead

ebayissues wrote: »

Hang on, I disagree with the above. The partner moving in will pay less than if she were renting by herself. Effectively aren't they saving more instead?

What percentage can the partner ask for if thry split up?

Lets say A got mortgage, B, the partner moving in didn't contribute towards deposit, but paid 50% of mortgage payments each month for 3 years. Is she entitled to 50% of these payments? Surely can't be.

No, they wouldn’t be. They would likely to be awarded a percentage that corresponded with what they contributed instead of nothing.
Also - the OP is female in this case and her partner moving in is male (just clearing that up as a few posters have assumed the opposite).

To your point about OPs partner saving money - in a lot of cases mortgage payments are much lower than rent. Hence everybody is trying to get off the rental scene if they can. OPs partner will be paying half (or a portion) of her mortgage for many years instead of paying into his own mortgage and building equity.

endofrainbow

I believe we should have prenuptial agreement here.....


Pre-nups have no basis in law in Ireland :

https://www.citizensinformation.ie/en/birth_family_relationships/getting_married/pre_nuptial_agreements.html#:~:text=Pre%2Dnuptial%20agreements%20have%20no,they%20are%20not%20strictly%20binding.&text=The%20only%20provision%20in%20Irish,in%20a%20pre%2Dnuptial%20agreement.

random_banter

ebayissues wrote: »

Hang on, I disagree with the above. The partner moving in will pay less than if she were renting by herself. Effectively aren't they saving more instead?

What percentage can the partner ask for if thry split up?

Lets say A got mortgage, B, the partner moving in didn't contribute towards deposit, but paid 50% of mortgage payments each month for 3 years. Is she entitled to 50% of these payments? Surely can't be.

I’m in this situation. Have been ready for my own mortgage for some time now and have been paying half my partner’s mortgage while also adding to my own deposit. While in a happy relationship, it’s starting to grate on me that I’m paying toward their mortgage when I could be contributing to my own equity. Of course I didn’t contribute to the deposit which was put down before my time, but there’s still tens of thousands of my money going against the mortgage at this point.

The advice here is sound. Perhaps set up a tenancy agreement (as if your partner is renting a room) and keep track of the monthly rent. You should protect yourself.

As some have said here, everything can be rosy at the moment but if it’s not in a few years you could have a resentful ex on your hands after paying half your mortgage for a number of years. It doesn’t mean this is a bad person, but they could feel hard done by if the relationship ends on bad terms.

My 2c.

Other than that, best of luck, moving in with a partner is an exciting time!

Perhaps if you both decide you’re in it for the long haul, then think about your housing arrangements and make a plan. The fact that we’re now viewing properties to buy together is the only reason I’ve not moved out at this point, as it’s important to start building my own equity, IMO. Your partner may feel the same in the future.

ebayissues

A lot of good points... Will you be resentful towards your ex if you were paying rent x2 of mortgage payments?

Moving from rented accommodation to sharing with a partner that owns a home should cost saving. To the individual that doesn't have a house, it's more saving for one.

Anyway both individuals should protect themselves

Mrs OBumble

Be aware that if the partner becomes unemployed (or sick or whatever), they will be entitled to benefits in their own right for a while. But after they run out, their access to benefits is means-tested against your income. Effectively because you share an address, the state treats you as married for welfare purposes, irrespective of lodger agreements, rent payments etc.

But not for tax-purposes - so you cannot use their tax-credits if they cannot.

endacl

Thread is full of ‘this is how I think it should work’.

YellowLead

endacl wrote: »

Thread is full of ‘this is how I think it should work’.

In what way? Citizens information lays out all the facts, it’s not hard to google if you didn’t know about cohabitation rights already...

InterestedK

Wow, I did not think I would get this amount of replies, but thank you all!

I'm still quite unclear as to how to proceed, as there seems to be different ways to approach this.

Protecting myself here is the most important thing, even though I don’t think my partner would ever drag me through court etc., I want to make sure that if things were to go belly up (hopefully not), that I would still have my house. He too I'm sure will understand that I have to be protected.

In terms of his value/ share/ interest in the house, would it make a difference if I continued to buy all furniture etc, so he is literally just paying a rent amount, as if he were a lodger?

Can a prenuptial agreement be put in place if we are not married etc? I always thought they were just for couples who were about to get married.

@Dobman88 - Thanks for the suggestion of doing inclusive of bills, that would be easier.

@Mickuhaha, I’m a female and I don’t want to rent out 4 bedrooms in my brand new house and move into a house share with my partner and other strangers!