girlfriend wants half!
Discussion
RRLover said:
KTF said:
How did she pitch that great idea to him?
God knows. Honeypot & not seeing clearly at the time i would assume.He is one of lifes good guys too.
I suppose he'll be fine
The law doesn't help. It seems almost rigged so the woman gets a guaranteed cash bonus when things go wrong.
Vincefox said:
JulianPH said:
No problem, do make sure she has legal advice and it is witnessed as a deed for it to be binding.
Showing my ignorance, by witnessed as a deed, you mean two independent signatories on the document, yes?JulianPH said:
Vincefox said:
JulianPH said:
No problem, do make sure she has legal advice and it is witnessed as a deed for it to be binding.
Showing my ignorance, by witnessed as a deed, you mean two independent signatories on the document, yes?Vincefox said:
JulianPH said:
Vincefox said:
JulianPH said:
No problem, do make sure she has legal advice and it is witnessed as a deed for it to be binding.
Showing my ignorance, by witnessed as a deed, you mean two independent signatories on the document, yes?
JulianPH said:
Providing you can prove that the money she pays to you each month is for general living expenses incurred by you both and not a contribution towards the mortgage you are absolutely fine.
If her contribution is in excess of her share of these costs she could claim she has been paying towards the purchase of the property or maintaining the property and this could give her a claim.
If you don't already have one I would suggest you set up a joint bank account and have her contributions paid into this, together with an equal contribution from you. You can then use this account for your utilities, shopping, holidays, clothing etc. - Anything that is a general living expense. Please remember that anything you purchase from this account will be jointly owned, so unless you want this then ensure this account is for consumables rather than assets (such as furniture or a car, for example).
You could then use your account to pay for the property related costs, clearly segregating the two.
Alternatively, you could both enter into a Cohabitation Agreement. Providing it is fair and that you both seek legal advice and have it executed as a Deed it will be legally binding on the courts. Given the current rules may change in the future it is worth while having it reviewed every few years to reflect both changes in your personal circumstance and the law.
Currently the joint account is the simplest and least expensive route to achieve what you are aiming for.
Julian
Very handy adviseIf her contribution is in excess of her share of these costs she could claim she has been paying towards the purchase of the property or maintaining the property and this could give her a claim.
If you don't already have one I would suggest you set up a joint bank account and have her contributions paid into this, together with an equal contribution from you. You can then use this account for your utilities, shopping, holidays, clothing etc. - Anything that is a general living expense. Please remember that anything you purchase from this account will be jointly owned, so unless you want this then ensure this account is for consumables rather than assets (such as furniture or a car, for example).
You could then use your account to pay for the property related costs, clearly segregating the two.
Alternatively, you could both enter into a Cohabitation Agreement. Providing it is fair and that you both seek legal advice and have it executed as a Deed it will be legally binding on the courts. Given the current rules may change in the future it is worth while having it reviewed every few years to reflect both changes in your personal circumstance and the law.
Currently the joint account is the simplest and least expensive route to achieve what you are aiming for.
Julian
Cobnapint said:
KrazyIvan said:
It's not about ownership, it's about everything, bills included.
You are so wrong it hurts.OP, simple googling will put your mind mostly at rest, or the CAB.
Adam B said:
Cobnapint said:
KrazyIvan said:
It's not about ownership, it's about everything, bills included.
You are so wrong it hurts.OP, simple googling will put your mind mostly at rest, or the CAB.
Good luck!
Vincefox said:
Thanks for the reply Gary, what is this info based on? Do you have an example I can look at please?
The mortgage is easily covered within my means, perhaps that would be considered evidence enough?
I used a rent book, signed by us both, not sure what it was worth but makes it 100% the payments were for rent, only. The mortgage is easily covered within my means, perhaps that would be considered evidence enough?
From The Law Society:
Home ownership
If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:
you have contributed to the deposit for the house or the mortgage payments; or
you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.
If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.
Home ownership
If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:
you have contributed to the deposit for the house or the mortgage payments; or
you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.
If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.
TCCalvin said:
From The Law Society:
Home ownership
If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:
you have contributed to the deposit for the house or the mortgage payments; or
you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.
If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.
Other option is when you remorg when they ask you if anyone over 18 yrs of ages will also live there and not on the morg tell them yes and give them the name, this is what my bank did they wrote to her asking her to sign a form agreeing she no interest in the property, her signing it was a condition of the mortgage offer, doing it this way comes across better as its then it looks like the bank initiating this rather than you, also she is clearly stating what her relationship is to the property up front. Everyone going on about a cohab agreement but see there reaction when you put one in front of them before they move in and see how hard to get them to sign it, I'm talking from experience here, best approach for me was to make it a bank issue and nothing 'personal' Home ownership
If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:
you have contributed to the deposit for the house or the mortgage payments; or
you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.
If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.
Edited by PostHeads123 on Friday 25th August 12:01
Edited by PostHeads123 on Friday 25th August 12:02
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