Girlfriend moving in, which legal agreement?
Discussion
Hi all,
In the process of moving from my current flat to a house. My girlfriend of a year moved in a couple of months back, not 'officially' as her legal address, bank etc are all tied to her mothers house still.
The mortgage is completely in my name as are all of the bills, however going forward she plans to pay half of the bills (not the mortgage).
We don't plan on getting married any time soon, nor are we having kids in the foreseeable future.
What legal agreement should I seek out to protect myself in the event of a split? I have no clue about this kind of stuff as I'm only 22!
We have discussed it and despite being a bit miffed at the suggestion, she is happy to get an agreement of this type in place. A fair chunk of my equity came from my mother who I lost when I was a kid, so my girlfriend understands my position of wanting to protect that equity (she has a healthy ISA for a future house purchase anyway!).
I should add that I'm in Scotland as I understand it's different up here.
Cheers!
In the process of moving from my current flat to a house. My girlfriend of a year moved in a couple of months back, not 'officially' as her legal address, bank etc are all tied to her mothers house still.
The mortgage is completely in my name as are all of the bills, however going forward she plans to pay half of the bills (not the mortgage).
We don't plan on getting married any time soon, nor are we having kids in the foreseeable future.
What legal agreement should I seek out to protect myself in the event of a split? I have no clue about this kind of stuff as I'm only 22!
We have discussed it and despite being a bit miffed at the suggestion, she is happy to get an agreement of this type in place. A fair chunk of my equity came from my mother who I lost when I was a kid, so my girlfriend understands my position of wanting to protect that equity (she has a healthy ISA for a future house purchase anyway!).
I should add that I'm in Scotland as I understand it's different up here.
Cheers!
Make her payment a rent payment instead, then you’re protected. Draw up a proper rental agreement.
If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
Treat her as a tenant with a tenancy agreement? Probably wouldn't go down too well, especially if you stay together for years as she will definitely want out of any legal agreement at some point. Either that or it will be the cause of a break up as she'll see it as a lack of trust and commitment.
I wouldn't worry about it unless you get married and/or have kids. Until then, what's yours is yours.
I wouldn't worry about it unless you get married and/or have kids. Until then, what's yours is yours.
- Edit: however, a tenancy agreement may make it harder to boot her out, if it comes to that.
Edited by xx99xx on Thursday 12th March 14:51
Put in a half hour telephone meeting with a solicitor. The receptionist will ask what area you want to discuss, your answer is property and trust and/or ToLaTa. Then, the solicitor will call you back for around half and hour to an hour for free, leave you hanging at the end and suggest you come in for an hour or two at £200/hr.
Don’t.
Call another solicitor and do the same thing but build on what you have already learned. To be honest you’ll likely resolve the issue in the first call and give them your business to write up whatever document you need.
Your risks are that when she moves in and if you subsequently split, she could claim a “beneficial interest” in your property.
She could go for “implied interest” which is as it sounds - she’ll claim you implied through your actions that she and you were in it together and that your costs were shared; you paid the mortgage and she bought the food. You earned more money but only because she stayed at home (sacrificed her career) to look after the kids so of course you paid more than she did.
She could claim constructive trust as she’s contributed to the household costs though not the mortgage.
If you ever read that common law marriage is not a real thing then also know that being engaged can be enough for a court to consider that you implied you would be married and implied therefore that you each split your assets 50:50 and implied therefore that half the house is hers. This is void only after you’ve called of the engagement for >2yrs (I think).
If you wanted to define shares in the property you’d sign a declaration of trust showing who gets what proportion. I guess you get one of these but with you at 100% and her 0, and that overrules any implied or beneficial interest in the future. But check with a solicitor. Likely £300-500 to have it all drawn up and save you 50k down the line.
Don’t.
Call another solicitor and do the same thing but build on what you have already learned. To be honest you’ll likely resolve the issue in the first call and give them your business to write up whatever document you need.
Your risks are that when she moves in and if you subsequently split, she could claim a “beneficial interest” in your property.
She could go for “implied interest” which is as it sounds - she’ll claim you implied through your actions that she and you were in it together and that your costs were shared; you paid the mortgage and she bought the food. You earned more money but only because she stayed at home (sacrificed her career) to look after the kids so of course you paid more than she did.
She could claim constructive trust as she’s contributed to the household costs though not the mortgage.
If you ever read that common law marriage is not a real thing then also know that being engaged can be enough for a court to consider that you implied you would be married and implied therefore that you each split your assets 50:50 and implied therefore that half the house is hers. This is void only after you’ve called of the engagement for >2yrs (I think).
If you wanted to define shares in the property you’d sign a declaration of trust showing who gets what proportion. I guess you get one of these but with you at 100% and her 0, and that overrules any implied or beneficial interest in the future. But check with a solicitor. Likely £300-500 to have it all drawn up and save you 50k down the line.
Edited by Rick-fgpe0 on Thursday 12th March 14:53
Edited by Rick-fgpe0 on Thursday 12th March 14:59
NewUsername said:
Make her payment a rent payment instead, then you’re protected. Draw up a proper rental agreement.
If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
Ps. Been there and got the T-shirt. Any advice contrary to the above is incorrect. If anyone mentions Common Law Wife they are also in cuckoo landIf she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
littlebasher said:
Can't add anything useful, other than good for you
A friend of mine got burnt in similar circumstances. It's not unreasonable of you to want to protect what's yours.
Cheers! I was surprised how understanding she's been about it so I'm wanting to get something in place whilst that's still the case.A friend of mine got burnt in similar circumstances. It's not unreasonable of you to want to protect what's yours.
megaphone said:
Make her go back to her mum's one night a week, you old romantic.
Thought about it... but unfortunately her mum has taken in one of her grandparents who is struggling with some health issues, no space!NewUsername said:
Make her payment a rent payment instead, then you’re protected. Draw up a proper rental agreement.
If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
A chap in my work recommended this to me and it may be the best option. I will definitely look into it but I'm just worried that it may cause more hassle in the event of us separating.If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
Appreciated.
pinchmeimdreamin said:
to offer a considered and Valuable answer to the question we will need a Pic of said girlfriend.
I was waiting on this 
or a comment about hammering sausages into her.Hammy98 said:
littlebasher said:
Can't add anything useful, other than good for you
A friend of mine got burnt in similar circumstances. It's not unreasonable of you to want to protect what's yours.
Cheers! I was surprised how understanding she's been about it so I'm wanting to get something in place whilst that's still the case.A friend of mine got burnt in similar circumstances. It's not unreasonable of you to want to protect what's yours.
megaphone said:
Make her go back to her mum's one night a week, you old romantic.
Thought about it... but unfortunately her mum has taken in one of her grandparents who is struggling with some health issues, no space!NewUsername said:
Make her payment a rent payment instead, then you’re protected. Draw up a proper rental agreement.
If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
A chap in my work recommended this to me and it may be the best option. I will definitely look into it but I'm just worried that it may cause more hassle in the event of us separating.If she contributes to the household in any way she will be entitled to that proportion of the increase in equity during her time there.
No matter how nice she is don’t think for one minute she can’t turn into a c-unit. They all have the potential
Appreciated.
pinchmeimdreamin said:
to offer a considered and Valuable answer to the question we will need a Pic of said girlfriend.
I was waiting on this or a comment about hammering sausages into her.It depends what kind of person she is. When my missus moved in, I only charged her half of bills (council tax/water/internet/gas/electric), circa £120/month. And dont allow her to buy or contribute to the property, ie i have paid for fascia and guttering and carpets. She has not contributed to the upkeep of the property, but only her living costs. This meant a marginal saving for me, having only having to heat the house once ect. However it is super cheap for her, that's life and I'm happy for that situation.
Edited by orangesrule on Thursday 12th March 17:05
Ignore anyone who says this isn’t important.
I got with someone in my 20’s. Had 2 kids and moved her into my house which I bought at 23 years old. 5 years in our relationship started failing. She gambled 100k against it in my name, ruined me and cost me 18k in legal fees trying to defend my equity in my house which I paid the mortgage on and deposit paid using my grandfathers money.
Life could be great now but you guys are young still. Life changes people. People change organically. Protect your inheritance. I didn’t and not having that 300 declaration of trust cost me 18k 3 years later.
I got with someone in my 20’s. Had 2 kids and moved her into my house which I bought at 23 years old. 5 years in our relationship started failing. She gambled 100k against it in my name, ruined me and cost me 18k in legal fees trying to defend my equity in my house which I paid the mortgage on and deposit paid using my grandfathers money.
Life could be great now but you guys are young still. Life changes people. People change organically. Protect your inheritance. I didn’t and not having that 300 declaration of trust cost me 18k 3 years later.
orangesrule said:
It depends what kind of person she is. When my missus moved in, I only charged her half of bills (council tax/water/internet/gas/electric), circa £120/month. And dont allow her to buy or contribute to the property, ie i have paid for fascia and guttering and carpets. She has not contributed to the upkeep of the property, but only her living costs. This meant a marginal saving for me, having only having to heat the house once ect. However it is super cheap for her, that's life and I'm happy for that situation.
Under this arrangement she can legally claim some of the house value from you....Edited by orangesrule on Thursday 12th March 17:05
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