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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have recently bought a house with no mortgage in my name

Resolved Question:

I have recently bought a house with no mortgage in my name only. My partner has moved in with me but did not contribute towards the purchase. I am not intending to charge him rent but will ask him to pay 50% of the council rates, water rates, telephone bill, tv license etc.and to help with diy improvements. If we were to seperate or if he were to die, would he or his children have a claim on my house? He also lived with me in my previous property for 11 years where I did charge him for his keep but I paid the mortgage and all household bills and maintenance. He carried out lots of d.i.y improvements. My concern is that I have two children from a previous marriage whom I want my house to go to on my death. I gained the previous property though a divorce settlement.
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

If you are paying the mortgage repayments and 50% of the living expenses then it will be difficult for him to establish that he has an interest in the property. The Court would probably take the view this is no more than he would be paying more by way of rent in the event that he were living in other accomodation.

 

If there was no capital expenditure made by him when doing the DIY improvments then this would similarly not effect the situation.

 

 

You should consider making a cohabitation agreement with your partner, this is a deed signed by both parties which states whether or not each party is to have/accrue an interest in the house. It will also deal with other things such as property bought during the course of the cohabitation, debts, budgeting and payment of outgoings.

 

In order for it maximum liklehood of standing up in court you should both take independant legal advice on the document and be completely honest with each other about what you both earn.

 

Finally, and this is perhaps an obvious point, you should make a Will stating what you would like to happen to your estate upon death (ie. to kids). You may consider making a small provision to your partner in that Will to show that you did contemplate him and to provide some protection from the possibility of him making a claim under the Inheritance (Family & Dependents) Act.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6296
Experience: BA (Hons), PgDip, Practising Solicitor
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