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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7602
Experience:  BA (Hons), PgDip, Practising Solicitor
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My boyfriend has just moved in with me. My home is in my name

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My boyfriend has just moved in with me. My home is in my name only and I have about £35,000 in equity. The mortgage and all the bills will remain in my name only but my boyfriend is arranging to pay me a sum of money each month directly to my bank account.
I have a 20yr old son who also lives in my home. Do I need to take any legal steps to secure my home?



Thanks for your question.


If your partner is not going to pay the mortgage directly, will not pay over and above the amount he would otherwise pay in rent somewhere else and does not spent capital monies on making improvements on the property then he would not be able to claim against the property.

To evidence this intention 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. A solicitor could draft, advise and arrange execution of such an agreement for £300+VAT approx.


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 he 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 he has not and will not acquire any interest in the property and will agree to vacate it in the event that it is sold. He will have to take this to a solicitor to execute it and it will cost in the region of £70.00 +VAT.


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Kind regards,



Edited by Thomas on 10/5/2010 at 12:05 PM EST
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