co-habiting

[bubbly2000]

My partner and I are discussing living together in the near future. He's moving in with me. I own my house and he rents. We want to sort things properly to safeguard my childrens inheritence. What is the best way to do this. I work full time. People have been telling me that he'll be entitled to half of everything after 6 months if we decided to split. This is highly unlikely but I'd still like to know.

[bobjugs12]

'People' are talking arrse!!

Common-law partners are a fallacy and don't exist

[Barmaid]

This "entitled to half of everything after 6 months" is total nonsense. I would be inclined to have an agreement drawn up stating that it is your property and he claims no interest in it. however, if he were to contribute a significant amount of money towards it (ie in paying the mortgage or home improvements) he could claim a similar percentage to what he has "paid in".

[4getmenot]

go to your solicitor and get something put in writing and signed

[boxtops]

It is worth your while both of you writing a statement of what is yours and what is his - a sort of pre-not-nuptial agreement, and getting it properly witnessed. We did this - it sounds premeditated but it makes it clear what each of us came in with and what we would take away. Like you I own my house (well, nearly), it's in my name and I pay the mortgage and the household bills - if we split I would want to keep it. I understand that this sort of agreement is not legally binding but that a judge would take it into consideration if any split went to court..

[bubbly2000]

thankyou. Our agreement is that I carry on paying the mortgage and he pays half of the other bills, we pay for our own cars and mobile phones, I buy the materials to decorate, improve garden etc and he does the jobs. We pay for our own holidays etc. He actually gets the better end of the deal financially, however I don't mind this as long as he has no future claim on my home. He suggests £400 per month contribution.

[boxtops]

As long as the agreement is clear between you, and he signs to say he would have no interest in your possessions (i.e. the house) then I feel you should be OK. Getting a formal document done is important though, for your own peace of mind and your future security.

[joeluke]

Sounds more like a business deal than a relationship

[ummmm]

If you pay the mortgage and he pays half the bills he won't be entitled to a penny even if you don't get anything signed. You can only take out what you've put in.....paying your share of the bills is part of living expenses and is not taken into consideration as he'd have to pay them in his own place.

It's only if he pays for expensive works...new kitchens and bathrooms etc that you need an agreement. If he pays for it he could claim an interest in the house.

[bubbly2000]

joeluke - it's not like a business deal at all. He agrees that as I've worked hard for nearly 20 yrs to pay for a house, it's only right that my kids inherit it. He will be able to live there rent free if he outlives me, but upon his death it will belong to my kids. Like I said before I will pay as I do now and his contribution will be £100 per week for expenses. We are happy with this, just need a document to cement it, more because his grown up kids are untrustworthy (his words, not mine)

[ummmm]

Just go to a solicitor...

Make sure you also have a will...

[fredpuli47]

He will not be able to live there rent free if he survives you. He has no automatic right to do so. On your death your house passes to your children, if you've made no will, or as to whoever you've given it to in your will. The new owner is entitled to vacant possession and can evict him.
You should make a will giving him the right to remain there for life, rent free (or such other period and conditions as you require) , after your death, though granting ownership of the house to your children. You should also know that , if you married him,that will would become invalid and of no effect and a new one should be made after the marriage ( or expressed to be of effect only when the marriage takes place) . In short, you need legal advice from a solicitor to ensure that your wishes are carried out and the necessary document(s) written.

[carmalee]

in theory all the remarks about common law wife/husband are probably valid. I can testify though that in practice the outcome is often very different. A very close family member died, left a not inconsiderable amount of money to his live in partner and his house and other assets to his wife (seperated for many years, still married, friendly and holding a joint bank account.) the outcome was, the live in 'wife' hired a barrister who stonewalled everything for two years and the original wife ended up paying for everything including all the household bills and mortgage whist the 'live-in' lived virtually scot free. the value of the estate was depleted by almost £180,000.