Co habitation agreement

Author
Discussion

gaz1234

Original Poster:

5,233 posts

219 months

Saturday 23rd August 2014
quotequote all
Are these worth doing?
I've had a rough verbal cost of 1k. The other was 250 now 500 plus vat.
Just wondering if these are a waste of money as most things solicitors do is or good to protect my house.


Rovinghawk

13,300 posts

158 months

Saturday 23rd August 2014
quotequote all
Purely a personal opinion- not worth the paper it's written on.

gaz1234

Original Poster:

5,233 posts

219 months

Saturday 23rd August 2014
quotequote all
Solicitor seems to think it is...

Why do you not?

Vaud

50,426 posts

155 months

Saturday 23rd August 2014
quotequote all
IANAL. Just for clarity.

Is she paying towards the mortgage?
Has/is she contributing towards the deposit on the house?
Is she paying rent?

Try:
http://www.theguardian.com/money/2013/mar/09/cohab...
http://www.advicenow.org.uk/living-together/

Even if you think you need one, you don't necessarily need a lawyer.

Rovinghawk

13,300 posts

158 months

Saturday 23rd August 2014
quotequote all
gaz1234 said:
Solicitor seems to think it is...
He might have a slight vested interest.

gaz1234 said:
Why do you not?
Removed as apparently incorrect

Edited by Rovinghawk on Saturday 23 August 23:22

anonymous-user

54 months

Saturday 23rd August 2014
quotequote all
You'd be wrong then.

PS - when a doctor says you need some medicine, or a mechanic says your car needs a new part, never listen, as they only say such things to line their pockets.

gaz1234

Original Poster:

5,233 posts

219 months

Saturday 23rd August 2014
quotequote all
No, only paying towards living costs eg water gas etc.

ging84

8,885 posts

146 months

Saturday 23rd August 2014
quotequote all
i think you might have the wrong end of the stick on who they are for
in most cases they are not to protect the home, they are to protect an unmarried person who isn't on the deeds from being kicked out their home and having a very difficult legal battle to try and prove they have a financial interest in the property because they have contributed towards the household, perhaps for many years.

If you think you can get your partner to sign a piece of paper which say they'll pay half the bills and rent as a lodger, and never acquire an interest in the property while you're paying the mortgage off with the money, forget it.

HenryJM

6,315 posts

129 months

Saturday 23rd August 2014
quotequote all
ging84 said:
i think you might have the wrong end of the stick on who they are for
in most cases they are not to protect the home, they are to protect an unmarried person who isn't on the deeds from being kicked out their home and having a very difficult legal battle to try and prove they have a financial interest in the property because they have contributed towards the household, perhaps for many years.

If you think you can get your partner to sign a piece of paper which say they'll pay half the bills and rent as a lodger, and never acquire an interest in the property while you're paying the mortgage off with the money, forget it.
Well you either need to get an agreement drafted that delivers what you want, or if that isn't acceptable to your partner you need to accept the potential cost of her moving in.

Either it is sorted and the agreement is defined or it isn't, if you are happy for her to think one thing whilst you think another then be ready for a big battle if it does all split up.

anonymous-user

54 months

Saturday 23rd August 2014
quotequote all
When people live together but are not married, then any agreement they make as to property rights can be enforceable, absent duress or other grounds that would invalidate an agreement. Absent agreement, if two people share legal title to a property, the default assumption is that they have equal beneficial shares, absent contrary evidence. If only one partner has legal title but the other contributes to the household, that partner may acquire a beneficial share in the property. An agreement can regulate the parties' respective interests. Things are different when people are married.

Rovinghawk

13,300 posts

158 months

Saturday 23rd August 2014
quotequote all
If I wasn't comfortable living with a girl without a written contract, I don't think I'd be comfortable even with a contract. Just an observation.

anonymous-user

54 months

Sunday 24th August 2014
quotequote all
I agree with that, but not everyone is as romantic as you and I.

anonymous-user

54 months

Sunday 24th August 2014
quotequote all
What, like a Tomcat spraying his manor? Or have you wandered in from a WaxOyl thread by mistake?

Old Merc

3,490 posts

167 months

Sunday 24th August 2014
quotequote all
I was very glad to have made a legal agreement,essential when you share property,loans etc and are not married .
Many many years ago I bought a house with my then girlfriend,I paid about 60% of the deposit she paid the rest.
Later I took out a loan to buy a business using the house as security.She quite rightly organised a legal document "deceleration of trust" I think, so if the business went bust the money would come from my share of the house and not hers.
Years later this came to good use for ME! The relationship ended,she wanted to stay in the house so had to pay me 60% of its value at the time I left.

gaz1234

Original Poster:

5,233 posts

219 months

Sunday 24th August 2014
quotequote all
What about using this http://www.netlawman.co.uk/d/cohabitation-agreemen...
Instead of a solicitor

ging84

8,885 posts

146 months

Sunday 24th August 2014
quotequote all
still without knowing any more about your situation and what your motivations are
i am going to say that would be absolutely perfect
it's roughly £34.80 than you need to spend but a lot less than your were considering spending, so if you or your partner really do feel you need an agreement and don't think you can make your own with all the guidance already available on the internet then it's probably the way to go.

gaz1234

Original Poster:

5,233 posts

219 months

Sunday 24th August 2014
quotequote all
So I need to protect equity and house as she is moving in.
Paying towards utilities only.

anonymous-user

54 months

Sunday 24th August 2014
quotequote all
There is no great magic in contracts. Think about what you both want to achieve. Set out in plain language what each party's obligations and rights are to be. Keep clauses short. Read the document through and check that it is internally consistent and covers all points that you want covered. If you need to, include a short list of defined terms. You could buy that template from the net, but it will still leave you with a lot to fill in yourself.

Edited by anonymous-user on Sunday 24th August 20:05

lbc

3,215 posts

217 months

Sunday 24th August 2014
quotequote all
Old Merc said:
The relationship ended,she wanted to stay in the house so had to pay me 60% of its value at the time I left.
Why did she have to pay you anything?

Where is the legal requirement?

Is a piece of paper stating this worth anything in a court of law?

anonymous-user

54 months

Monday 25th August 2014
quotequote all
It can be if it is a valid declaration of trust or an agreement supported by consideration (the parties not being married or having children). Absent such a document, the beneficial interests of the parties will depend on what can be inferred from their conduct in relation to the property. A person can sometimes obtain a beneficial interest through making contributions of money and work in relation to a property. This doesn't happen when someone is just a lodger or tenant, but may happen when two parties live together in a relationship. All depends on the precise circumstances in any given case.