Risk of girlfriend 'taking half' some day?

Risk of girlfriend 'taking half' some day?

Author
Discussion

M3CS

Original Poster:

342 posts

173 months

Monday 27th October 2014
quotequote all
Hi guys,

Hopefully this is an easy question for the legal Gods on here, answered with "of course not you fool!".

I'm about to exchange and complete on my first property. My girlfriend of 1.5 years and I have spoken a few times about her moving in after a month or two (I'm 'all for it' by the way).

Assuming the lender will be fine with her moving in when the time comes (I might have to seek their permission, if memory serves), I just wanted to pose this question to you guys:
If my girlfriend moves in, then later on we have a messy break up and she decides to be vindictive (as I had with an ex), could she make any kind of 'claim' on the property?
Assume she'd be contributing to the bills of the household (maybe 25%) but NOT the mortgage, that my salary is and will always be significantly higher than hers, and that right now she has zero savings (versus my 100k deposit). No kids involved.

If there is a risk, what would you advise I do to protect myself? Some form of a prenup.?

Thanks!

paul99

800 posts

243 months

Monday 27th October 2014
quotequote all
Your best bet would be to deal with all the bill's yourself and keep things as simple as possible. She can contribute to household shopping and furnishings. If she for example paid for the sofa and could prove it with bank statements etc.. that's all she would be entitled to if it got messy.


anonymous-user

54 months

Monday 27th October 2014
quotequote all
As above - as long as she makes no contribution to the mortgage/property then no issue.

Also OP - you do not need the permission of the mortgage company for her to move in. It's your home and you can do what you like.

ruff'n'smov

1,092 posts

149 months

Monday 27th October 2014
quotequote all
Start on the patio now, just in case

Vaud

50,425 posts

155 months

Monday 27th October 2014
quotequote all
Take professional advice if you want full peace of mind.

Be wary of unqualified internet advice unless someone declares a professional capability in the field you have asked about.

Pixelpeep7r

8,600 posts

142 months

Monday 27th October 2014
quotequote all
garyhun said:
As above - as long as she makes no contribution to the mortgage/property then no issue.
Really?

Could it not be argued that her being there and paying for other things allowed the OP to purchase the house where as otherwise he could not?

Also, what happened to that 'need to keep someone to the lifestyle they have become accustomed to' ?

anonymous-user

54 months

Monday 27th October 2014
quotequote all
Pixelpeep7r said:
Really?

Could it not be argued that her being there and paying for other things allowed the OP to purchase the house where as otherwise he could not?

Also, what happened to that 'need to keep someone to the lifestyle they have become accustomed to' ?
Yes really.

There is no such thing as common law wife - no marriage, no worry as long as no contribution. Obviously this all changes should they have kids together.

grumbledoak

31,532 posts

233 months

Monday 27th October 2014
quotequote all

Red 4

10,744 posts

187 months

Monday 27th October 2014
quotequote all
garyhun said:
Yes really.

There is no such thing as common law wife - no marriage, no worry as long as no contribution. Obviously this all changes should they have kids together.
There is no such thing as common law wife ? Perhaps not, but that won't stop some people staking a claim to "your" property

The law is not as clear-cut as you think ...

Can I suggest you read the link above ...



sugerbear

4,025 posts

158 months

Monday 27th October 2014
quotequote all
Fingers crossed she doesn't start charging you for sex.

anonymous-user

54 months

Monday 27th October 2014
quotequote all
Red 4 said:
Can I suggest you read the link above ...
Read it last week. Totally different to OP situation.

NathanJones

713 posts

213 months

Monday 27th October 2014
quotequote all
Have a rental contract drawn up to cover you on all aspects, seems fair to me, if she is wanting to move in then she should have no objections.

Red 4

10,744 posts

187 months

Monday 27th October 2014
quotequote all
garyhun said:
Red 4 said:
Can I suggest you read the link above ...
Read it last week. Totally different to OP situation.
At the moment it is but time marches on.

Before you know it she'll be lawyer'd up and pointing to the stated cases.

Tannedbaldhead

2,952 posts

132 months

Monday 27th October 2014
quotequote all
Also bare in mind Scottish and English law differs. If you're in England any advice I have to offer is useless.

M3CS

Original Poster:

342 posts

173 months

Monday 27th October 2014
quotequote all
Red 4 said:
At the moment it is but time marches on.

Before you know it she'll be lawyer'd up and pointing to the stated cases.
As per the Daily Lie article... "Appeal judges awarded Miss Blackburn a payout under the property law principle of promissory estoppel, which covers promises to someone that they can use a property."

No such promise has or will be made in my case.

M3CS

Original Poster:

342 posts

173 months

Monday 27th October 2014
quotequote all
Tannedbaldhead said:
Also bare in mind Scottish and English law differs. If you're in England any advice I have to offer is useless.
I'm in England my bonny friend.

M3CS

Original Poster:

342 posts

173 months

Monday 27th October 2014
quotequote all
NathanJones said:
Have a rental contract drawn up to cover you on all aspects, seems fair to me, if she is wanting to move in then she should have no objections.
The reason I'm asking you guys (which I should have said up front - apologies) is I mooted the idea of us having "something written down". It didn't go down well.

Hence, I thought I'd see if it is really necessary (to address a genuine risk of future litigation), before insisting upon this with her (and having the inevitable argument).

Andehh

7,108 posts

206 months

Monday 27th October 2014
quotequote all
Red 4 said:
At the moment it is but time marches on.

Before you know it she'll be lawyer'd up and pointing to the stated cases.
Don't be a prat, that article is a different world from what op is dealing with. Being with a partner and building a life together for 12 years, then suddenly changing the locks and kicking her is hardly clear cut. She is effective a housewife, supporting emotionally rather then financially, and that's why the court ruled as much. There is sense in that.


Op, let her contribute to the bills and all will be fine. Don't listen to the never ending scaremongering pistonheads is so good at when it comes to women.

NathanJones

713 posts

213 months

Monday 27th October 2014
quotequote all
M3CS said:
The reason I'm asking you guys (which I should have said up front - apologies) is I mooted the idea of us having "something written down". It didn't go down well.

Hence, I thought I'd see if it is really necessary (to address a genuine risk of future litigation), before insisting upon this with her (and having the inevitable argument).
The fact that she has already implied she does not want a contract would scare me tbh, only other thing is for a solicitor to write up a document stating that she has no claim to the house when/should you split, ensuring she pays no bills, perhaps only buying shopping, holidays nothing that can be traced to making a "home" those purchase have to be yours.

Red 4

10,744 posts

187 months

Monday 27th October 2014
quotequote all
Andehh said:
Don't be a prat, that article is a different world from what op is dealing with. Being with a partner and building a life together for 12 years, then suddenly changing the locks and kicking her is hardly clear cut. She is effective a housewife, supporting emotionally rather then financially, and that's why the court ruled as much. There is sense in that.


Op, let her contribute to the bills and all will be fine. Don't listen to the never ending scaremongering pistonheads is so good at when it comes to women.
Who's being a prat ?

The title of this thread is "Risk of girlfriend taking half SOME DAY ?".

I'm not scaremongering - it's called reality.