Can Girlfriend Claim Part ownership?

[sethhelstrip]

I have just bought my first house, and at the same time my girlfriend has just moved in with me. She is paying me an allowance to cover cost of bills / shopping, etc. My concern is that my girlfiend may be able to claim part ownership of my property, should we decide to seperate. This may sound selfish, but we haven't been together for that long, and I don't want to lose any part of the largest investment I have made to date within my lifetime. Does anyone know where I stand with regard to this, from a legal perspective? Many thanks in advance.

[Oneeyedvic]

After 2 years, if you were to still be together and you were to die, she could claim a percentage of the house - this is what most people refer to as commonlaw spouse.

 

You should probably consult a solicitor, but I doubt if the relationship is short (less than 3 years) will she have any entitlements to the house. After that period, (or if for example you have been laid off work and she is the only one contributing to the mortgage) she may well have a case.

 

If you are worried you can get a document similar to a pre nuptual doc from a decent solicitor.

[Didwot]

Sorry, but the answer above is almost completely wrong. The concept of "common law spouse" does not exist at English Law. The 2 and 3 year periods have nothing to do with anything. Whetehr or not your girlfriend is entitled to any share in the house depends on principles of constructive or resultant trust. In veryu simple terms a. What did you agree? b. What did she contribute? c. What is fair? This is not an esplaination of the legal principles, but just to point you in the right direction, The simple rule is to agree everything with her at the outset, and get it put into writing by you solicitor.

[Miss Zippy]

As the post above states, there is no such thing as a �common law� spouse, it is a complete myth. There is no set period of time, e.g. 2 years, after which you are deemed to be entitled to a certain share of your partner�s assets � each case is judged differently (if the matter reaches court). You need to put in place a co-habitation agreement � see your solicitor about getting one drawn up.  The  primary purpose of these agreements is to state how the assets and possessions will be divided up in the event you split up.  Your girlfriend will need to instruct her own solicitor as one solicitor cannot advise you both � conflict of interests. It may not seem very romantic putting an  agreement in place, but it is the only way you can protect yourself I�m afraid. 

[Hgrove]

What I was going to say (I hope I am right) is that as you two are not married, any dispute will be decided only on principles of land law.  Family law (under which the court has discretion to make an order as to who the property goes bearing in mind whether there are, for ex., children) does not come into it.

[DivaDebs]

Yes - totally agree - no such thing as 'common law'.