Anyone had a cohabitation agreement? Like a pre nuptial?
Discussion
hole than an entire gender.xjay1337 said:
If you are not married she has no rights to anything, assuming she hasn't paid for anything.
If she is contributing rent then I don't think that makes her privvy to anything, other than possibly her rental contribution?
Not at all. The nature and length of the relationship can be used as a factor in determining if there is any sort of financial award required on a split up. If she is contributing rent then I don't think that makes her privvy to anything, other than possibly her rental contribution?
I have a friend who specialises in this kind of thing. Her website: http://www.lovegrovefamilylawyer.uk/
Whether you ask her, or someone else, I would probably get some professional advice given it sounds like you have a reasonably complicated financial setup.
Whether you ask her, or someone else, I would probably get some professional advice given it sounds like you have a reasonably complicated financial setup.
Benificial Interest
1) If she can prove that paying towards your house prevented her from buying her own
2) If she thought one day she'd own the "shared" asset
3) If she can prove payment for anything house related
If the answer to all of them are yes, then she is entitled to claim off you, 50%.
I went through this last year (without a pre-nup as its not an easy thing to discuss in a blossoming relationship) and because i'd offered her to go on the mortgage on two occasions she didn't have a fight. Also worth mentioning that if they go to court these cases are expensive to resolve due to their complexity and it being a lot of he said she said. I was told by a solicitor it could be £10k per side in costs, if you lose, your paying both sides fees, plus whatever the court awards.
1) If she can prove that paying towards your house prevented her from buying her own
2) If she thought one day she'd own the "shared" asset
3) If she can prove payment for anything house related
If the answer to all of them are yes, then she is entitled to claim off you, 50%.
I went through this last year (without a pre-nup as its not an easy thing to discuss in a blossoming relationship) and because i'd offered her to go on the mortgage on two occasions she didn't have a fight. Also worth mentioning that if they go to court these cases are expensive to resolve due to their complexity and it being a lot of he said she said. I was told by a solicitor it could be £10k per side in costs, if you lose, your paying both sides fees, plus whatever the court awards.
Eric Mc said:
Not at all. The nature and length of the relationship can be used as a factor in determining if there is any sort of financial award required on a split up.
I'm afraid like most of the information given on here OP, this is not even slightly correct in your situation.PurpleMoonlight (I think - forgive me if I am wrong) has given the most accurate information.
The law in this area is very complicated and misunderstood by many lawyers, let alone people on an Internet forum, however well intentioned their advice may be.
This is about whether GF would be able to assert that there is a common intention constructive trust. For that to be the case, there would either have to be an express agreement, understanding or intention, or alternatively there could be an inferred intention through conduct, for example her paying funds towards a deposit, or a substantial sum towards an extension, or consistent mortgage contributions over a course of time.
None of that applies in your situation, because you are renting the property in which you live and thus if her 'contributions' are limited to paying rent and utilities etc in relation to that property, there is nothing in which she can gain an interest, because that property is not owned by you.
Common intention constructive trusts can arise outside of 'relationship' type arrangments (ie the property in which you live) but these are much rarer and as you make no mention of it, I assume she has nothing to do with your other property dealings and that these are kept separate from the running of your own household.
As set out above, please seek your own legal advice from somebody who knows what they are doing, rather than rely on the advice you are given here.
*Badger* said:
Benificial Interest
1) If she can prove that paying towards your house prevented her from buying her own
2) If she thought one day she'd own the "shared" asset
3) If she can prove payment for anything house related
If the answer to all of them are yes, then she is entitled to claim off you, 50%.
I went through this last year (without a pre-nup as its not an easy thing to discuss in a blossoming relationship) and because i'd offered her to go on the mortgage on two occasions she didn't have a fight. Also worth mentioning that if they go to court these cases are expensive to resolve due to their complexity and it being a lot of he said she said. I was told by a solicitor it could be £10k per side in costs, if you lose, your paying both sides fees, plus whatever the court awards.
If you were advised that by a solicitor I suggest you change solicitor. This has nothing to do with a 'pre-nup' (save that in the event the two did not go through with a marriage after entering a pre-nup, it might evidence a common intention or otherwise) because the OP is not married and what you have set out above at your points (1) to (3) is simply wrong. 1) If she can prove that paying towards your house prevented her from buying her own
2) If she thought one day she'd own the "shared" asset
3) If she can prove payment for anything house related
If the answer to all of them are yes, then she is entitled to claim off you, 50%.
I went through this last year (without a pre-nup as its not an easy thing to discuss in a blossoming relationship) and because i'd offered her to go on the mortgage on two occasions she didn't have a fight. Also worth mentioning that if they go to court these cases are expensive to resolve due to their complexity and it being a lot of he said she said. I was told by a solicitor it could be £10k per side in costs, if you lose, your paying both sides fees, plus whatever the court awards.
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