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I am considering living with my partner. I own my house, it

Resolved Question:

I am considering living with my partner. I own my house, it is in my name only and we are not married . She will not be contributing towards the mortgage. What rights if any might she have towards the property if the relationship were to break down.

Thank you for you help.
Submitted: 4 years ago.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

HiCustomer

 

Thanks for your question.

 

Even if you partner is not contributing directly to the mortgage payments, she could become entitled to an interest in the property in the future (should she seek to enforce it) and particularly if she is otherwise contributing in some sense to your life together as a couple.

 

In order to protect yourself from this you should execute a cohabitation agreement. A cohabitation agreement is a deed signed by both parties which states whether or not each party is to have/accrue an interest in the house and if your partner is to contribute money to the household expenses then it will specify this as well. 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 likelihood of standing up in court you should both take independent legal advice on the document and be completely honest with each other about what you both earn.

If she is to occupy the property then you will need to speak to your mortgage company about what they require so that you do not breach a term of your mortgage with them., They will likely require that your partner executes a deed of postponement stating that she has not and will not acquire any interest in the property and will agree to vacate it in the event that it is sold. She will have to take this to a solicitor to execute it and it will cost in the region of £70.00 +VAT.

 

It should cost in th region of £400.00-500.00. I know it's probably a somewhat clinical approach to what will no doubt be a happy time for you both, but hopefully she will see that it is advisable in the long term.

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



Edited by Thomas on 3/18/2010 at 7:55 AM EST
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6298
Experience: BA (Hons), PgDip, Practising Solicitor
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