# Partner contributing towards mortgage



## airgead07 (26 Feb 2008)

I own my own house and my partner will be moving in with me in a few months time and paying rent the amount on which we have not yet discussed.

If the situation arose that we separated in a few years time after she had been living with me (and contributing to my mortgage), has she a comeback to claim some of the money back from me as she had been contributing to the mortgage for a certain period of time.

Anyone know anything about this able to point me in the right direction?


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## z106 (26 Feb 2008)

i don't see any reason why they would.

u are basically just renting a room to this person.


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## becky (26 Feb 2008)

I know this isn't very romantic but I would get something signed outlining the legal position.

If it was my house I be making it very clear that it would remain my house until the law said otherwise - but thats me. I've also heard too many nasty stories.


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## mathepac (26 Feb 2008)

airgead07 said:


> I own my own house and my partner will be moving in with me in a few months time and paying rent the amount on which we have not yet discussed.
> 
> If the situation arose that we separated in a few years time after she had been living with me (and contributing to my mortgage)...


Make sure it is clear to both parties that she is NOT contributing to the motgage but paying rent.

Without her name on the deeds or mortgage it would be difficult for her to sustain or substantiate a claim, but based on recent experience it might not dissuade her from trying.

If you feel it is necessary, draw up a rental agreement, and include details of how on-going living expenses (oil, gas, ESB, phone, TV licence, rubbish charges, food, household insurance, etc.) are to be divided.

I hope it works out well for you both.

Crossed with becky's


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## Cityliving (27 Feb 2008)

Mortgage contributions can form part of a claim following a split so its best to draw up a clear agreement.

Its better to have it covered now then have a potential mess later on


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## airgead07 (28 Feb 2008)

Thanks, it is a case of paying rent as opposed to contritbing towards the mortgage.Someone had advised my girlfriend to get the agreement drawn up so that if things didn't work out she could claim back a certain amount as she could claim to have been paying the mortgage, and therefore owned a portion of the house


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## mathepac (28 Feb 2008)

airgead07 said:


> ...Someone had advised my girlfriend to get the agreement drawn up so that if things didn't work out she could claim back a certain amount as she could claim to have been paying the mortgage, and therefore owned a portion of the house


That is an absolutely outrageous proposal and there are colloquial descriptions that may spring to mind for this kind of thinking.

If your girlfriend and a platonic or even a romantically connected friend were about to rent a property together, I don't think she would be getting this advice.

Have a long hard think about this proposal and then think about it some more.


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## outspann (4 Mar 2008)

Am I missing something here? 

Surely if your partner is sharing your room, then it's not simply a case of them "renting"? Renting what - half a mattress? Or am I being too forward here?

And let's say for arguments sake that she moves in and everyhing goes along swimmingly between the two of you - love blossoms, flowers are brought home, etc etc - short of getting married, at what point do you believe that she has *any* entitlement to the house? Ten years? Twenty? Or never, because all along she was only "renting"?

I'm not saying what you should do, after all I have no idea of what your specific circumstances are - and yet I'd be somewhat concerned that ye both have reached for a legal solution even before the move takes place. (And from what you said about the advice that your girlfriend has received, I get the feeling she doesn't see herself as just "renting" from you). Still, it would be nice to think that you would treat this person fairly - if it's not _really_ rent that they are paying, if they are actually moving in on some form of romantic basis, then maybe they would be entitled to *something* five years down the line if it didn't work out between ye. Either way, I think you may need to sit down together to talk about where the relationship is going - and not just in a legal sense....


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## moondance (4 Mar 2008)

It's sad that this is the reality these days - sort of takes the romance out of it! I know a guy in his 40's who's seeing a woman for the past 5 years but is unwilling to make a further commitment to her (ie moving in together or marrying) because he has 2 properties and the family farm and is worried if things got more serious and then didn't work out that he'd lose some of his assets. It's a sad state of affairs as far as I'm concerned. 

I have my own place, my boyfriend lives with me and maybe I'm being too trusting or blind but I don't want any agreements drawn up or contracts signed, we talked about the situation, he agreed he's paying me rent and that if things don't work out he'll move out. Maybe I'm being naive but I trust him and I think we'll be together for the long term so I want to start as we mean to go on.


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## mathepac (4 Mar 2008)

outspann said:


> ...Surely if your partner is sharing your room, then it's not simply a case of them "renting"? Renting what - half a mattress?...


But surely if you can see that side of the argument, which I fully appreciate, then you can see the other which is that, worst case, some time down the road OP and partner split up and she maintains she has established title to some portion of his property and demands compensation for the loss of ... what exactly?

This is the proposition being put to her by friends and this what I find so outrageous, having just come out the far side of exactly this scenario. On the one hand there was the heartache and loss associated with the break-up of a long-term relationship, followed by more and more strident demands for refunds of the money used to contribute to household bills because she had been "contributing to the mortgage" and eventually threats of legal action unless I came up with a six-figure sum to buy out her "share" of my home.


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## Margie (4 Mar 2008)

Why not have yourself continue with mortgage payments as usual and agree that your partner looks after the groceries and maybe the phone bill etc.  That way there is no comeback and no very cold and unromantic 'rental aggreement'.


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## outspann (4 Mar 2008)

Mathepac, 

Yes, I can completely see the other side of the debate. It's one of those damned if you do, damned if you don't problems. Maybe there could be an agreement that the first two years of co-habiting (don't you love these technical terms) are considered only to be renting, but after that it becomes more serious/intricate? 

I honestly don't know if there is a right answer to this. At the end of the day it really comes down to having to take a leap of faith - the house owner in believing that a claim for partial ownership won't appear; the "renter" believing that their committment to the relationship doesn't magically get downgraded to just "rent".

I suppose this was always going to become an issue once marital seperation (and the line between marriage and long-term co-habiting) became a widespread occurrance. Though that's a whole different ballgame that I'm certainly not able to answer...


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## truthseeker (4 Mar 2008)

I think you have to consider the long term plans in this situation also. My partner lives with me and pays me rent. When he moved in the agreement was that we would buy a place between us if it all went well living together. We have since become engaged. So for us there is no question that this isnt for the long term. Therefore we didnt worry about legal agreements etc... Even if we hadnt gotten engaged we had agreed we would be buying somewhere together after a 'trial' of living in my place. He wouldnt have moved in if it had been open ended.


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## moondance (4 Mar 2008)

So truthseeker (just playing devils advocate here!), when you do buy a place together how will that work? Will you sell your place and put that money you make (if you make a profit) towards your share of the deposit and he/she'll come up with the same amount her/himself or will you use the profit as a deposit from both of you (therefore splitting the proceeds of your sale with the partner)?


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## z106 (4 Mar 2008)

By the way - if you plan on changing the title deeds to joint names then you wil incur stamp duty. (Even if all you are doing is adding on a second name)

So - obviosuly if eventually yee do go down this route then allow for that expense along with solicitors fees etc.

maybe when she realises that amid a dropping housing market teh whole idea may not be as attractive.


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## mathepac (4 Mar 2008)

qwertyuiop said:


> By the way - if you plan on changing the title deeds to joint names then you wil incur stamp duty. (Even if all you are doing is adding on a second name)
> 
> So - obviosuly if eventually yee do go down this route then allow for that expense along with solicitors fees etc.
> 
> maybe when she realises that amid a dropping housing market teh whole idea may not be as attractive.


Did I miss something - how did we wind up here?


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## ailbhe (4 Mar 2008)

How long have you been in a relationship? I ask only as the answer would sway my opinion! If it is a case that you have only been together a few months then draw up an agreement which states she is renting and have it witnessed (by a solicitor if need be). If you have been together a few years then why are you moving her in as a tenant. Surely if she is moving in with you it should be on a co-habiting basis in which case I would believe that what she contributes to the house in terms of paying "rent", utilities etc should be taken into account should you ever split up. I say this as my partner and I lived in "his house" for a year or two. I paid for a lot of stuff in the house and while he paid the actual mortgage, I paid all utilities, creche fees etc. We recently added my name to the mortgage and deeds. What we pay still hasn't altered(he still pays the actual mortgage, I pay the rest) but from the time we moved in together it was a partnership and I would not have been happy "renting" from him. 

Have you spoken to your girlfriend about what she expects? I am fairly sure (judging from your OP and what she said her friend said) that she sees this as her moving in with you and it becoming home. There is a difference and really, asking her to draw up an agreement if she is not on the same wave length may be detrimental to the relationship. If she is on the same page re: renting then there isn't a problem but you really need to sort it out before you move in together.


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## z106 (4 Mar 2008)

mathepac said:


> Did I miss something - how did we wind up here?


 
??

Did you not read the previous posts?


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## truthseeker (4 Mar 2008)

moondance said:


> So truthseeker (just playing devils advocate here!), when you do buy a place together how will that work? Will you sell your place and put that money you make (if you make a profit) towards your share of the deposit and he/she'll come up with the same amount her/himself or will you use the profit as a deposit from both of you (therefore splitting the proceeds of your sale with the partner)?


 
moondance, i have a place, he has a place. details not finalised yet but either:
(a) both places sold, money combined for deposit for new place
or 
(b) his place sold, mine kept to rent out - in the future as a married couple all assets joint anyway, but as a 'just in case' legal agreement will state that he contributed X towards deposit of new house (and I didnt) so he will be entitled to % back if things dont work out - but wont have any entitlement to my place.

The above is really subject to how much we need for new place, basically if we can afford to keep my place we will, if not it gets sold.


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