First flat/mortgage and charging girlfriend rent.
Discussion
I have recently bought my first flat. All the money for the deposit and all the mortgage deeds and bills will be in my name. The flat has two bedrooms and my girlfriend will be using the second room as a painting studio. She is happy to pay me a small amount of rent each month to help with the mortgage and she will split the council tax/gas/electric bills.
I live in Scotland and I have heard the term 'scots law marriage' thrown about recently, I have heard of people splitting with their other halves and having to give them a share of their assets. I have also heard that this doesn't matter until a couple have lived together for two years.
How do I go about this? Do I need to see a solicitor and get a legal document made up or can I get a template online?
I live in Scotland and I have heard the term 'scots law marriage' thrown about recently, I have heard of people splitting with their other halves and having to give them a share of their assets. I have also heard that this doesn't matter until a couple have lived together for two years.
How do I go about this? Do I need to see a solicitor and get a legal document made up or can I get a template online?
Treat her as you would a lodger - so draw up a tenancy agreement for her using the second bedroom. The fact that the rent is below market and she hops in your bed each evening is neither here nor there.
The downside is that if you wanted to kick her out you'd have to give her notice as detailed in the tenancy agreement but, IMHO, that's a small price to pay for the protection you gain.
The downside is that if you wanted to kick her out you'd have to give her notice as detailed in the tenancy agreement but, IMHO, that's a small price to pay for the protection you gain.
98elise said:
Eric Mc said:
Never heard of Scots Law Marriage. Sounds apocryphal to me.
I'm sure common law is recognised in Scotland, but not in England. From direct.gov -
"Many people think that, after living with their partner for a few years, they become 'common law husband and wife' with the same rights as married couples. This is not the case. In fact, couples who live together have hardly any of the same rights as married couples or civil partners.
There is no such thing as ‘common law marriage’."
There was a version of "common law" marriage recognised in Scotland up to as recently as 2006. But it too has now been abolished. The only way to be recognised as "married" under UK law (ANYWHERE in the UK) is to get married officially.
Eric Mc said:
The concept of the Common Law exists in both england and Scotland. But Common Law marriyage has not existed in England for centuries.
From direct.gov -
"Many people think that, after living with their partner for a few years, they become 'common law husband and wife' with the same rights as married couples. This is not the case. In fact, couples who live together have hardly any of the same rights as married couples or civil partners.
There is no such thing as ‘common law marriage’."
There was a version of "common law" marriage recognised in Scotland up to as recently as 2006. But it too has now been abolished. The only way to be recognised as "married" under UK law (ANYWHERE in the UK) is to get married officially.
I did mean common law with regard to marriage From direct.gov -
"Many people think that, after living with their partner for a few years, they become 'common law husband and wife' with the same rights as married couples. This is not the case. In fact, couples who live together have hardly any of the same rights as married couples or civil partners.
There is no such thing as ‘common law marriage’."
There was a version of "common law" marriage recognised in Scotland up to as recently as 2006. But it too has now been abolished. The only way to be recognised as "married" under UK law (ANYWHERE in the UK) is to get married officially.
I didn't know that it no longer applied in Scotland nd though. If anything I thought it might become law in England!
98elise said:
Eric Mc said:
The concept of the Common Law exists in both england and Scotland. But Common Law marriyage has not existed in England for centuries.
From direct.gov -
"Many people think that, after living with their partner for a few years, they become 'common law husband and wife' with the same rights as married couples. This is not the case. In fact, couples who live together have hardly any of the same rights as married couples or civil partners.
There is no such thing as ‘common law marriage’."
There was a version of "common law" marriage recognised in Scotland up to as recently as 2006. But it too has now been abolished. The only way to be recognised as "married" under UK law (ANYWHERE in the UK) is to get married officially.
I did mean common law with regard to marriage From direct.gov -
"Many people think that, after living with their partner for a few years, they become 'common law husband and wife' with the same rights as married couples. This is not the case. In fact, couples who live together have hardly any of the same rights as married couples or civil partners.
There is no such thing as ‘common law marriage’."
There was a version of "common law" marriage recognised in Scotland up to as recently as 2006. But it too has now been abolished. The only way to be recognised as "married" under UK law (ANYWHERE in the UK) is to get married officially.
I didn't know that it no longer applied in Scotland nd though. If anything I thought it might become law in England!
It's far too much a grey area. If anything, the direction is for more recognistion of formal marriages - for gay as well as heterosexual couples.
voicey said:
The downside is that if you wanted to kick her out you'd have to give her notice as detailed in the tenancy agreement but, IMHO, that's a small price to pay for the protection you gain.
Not entirely correct. She will become an excluded occupant. Essentially she will have very few rights and the landlord will only have to give her 'reasonable' notice to quit.Heres a linky for some form if you require them OP.
http://www.lawpack.co.uk/landlord-and-tenancy/tena...
The Scottish ones are about half way down.
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