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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 34272
Experience:  family solictor with 25 years experience
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I think I have just found the answer as you have given to

Customer Question

I think I have just found the answer as you have given to someone else
My girlfriend has moved in with me and keeping on her own place to rent out. This will more than cover her own mortgage.
If she then helps to pay bills and mortgage on my property would this give her a claim on the property I won. It is in my name only ?
I have been doing renovations but have paid for all of this myself.
I need to know if I need to get any contract drawn up to protect myself in the event of a split in the future just in case.
Submitted: 2 years ago.
Category: UK Law
Customer: replied 2 years ago.
Sorry that should read "property I own. It is in my name only"
Expert:  Thomas Judge replied 2 years ago.

Hi, let me see if I can help - yes it is a good idea to agree for her to sign a deed or declaration of trust setting out your expectations. Otherwise she would potentially be able to bring a claim against you. Happy to discuss. Please rate positively. Thanks

Customer: replied 2 years ago.
Have rules changes as i read from another answer on your site :Provided does not contribute more money in payment for food than she would have otherwise paid in private rented accommodation for rent/bills/food and does not make improvements to the property which increases it’s market value then she would not be advised to make a claim against your property.See attached
Expert:  Thomas Judge replied 2 years ago.

I rather think different lawyers interpret the roles slightly different. It is about how the court interpret the rules which is the key and this comes down to the intention of the parties - a deed of trust shows to the court the views of the parties. I prefer advancing a legal position which offers less risk. I hope this makes sense - please rate positively - thanks

Expert:  Thomas Judge replied 2 years ago.

i hope that this helps - please rate positively - thanks

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
Since the property is held in your sole name you do not need a Declaration of Trust which would be appropriate if either the property was held in joint names OR you were giving her a share of the property.
If you wish to protect your position fully you do need a Cohabitation agreement - and be certain that she does not pay the mortgage or for any of the improvement or alterations
The advice given by Thomas two years a go is indeed correct
Clare