Key Post Can my girlfriend get ownership rights to my house?

[kINGKONG]

Hi,

Apologies if this has already been discussed.

I am buying my first house as a single person.

The property I am buying is the house I am renting with my girlfriend.

we have been jointly living in the place for 14 months and have been going out the last 4 years.

The mortgage I am taking out on my own including the initial deposit coming from my own savings.

From a legal stand point (Co habits couples act etc..) do I need to do anything legally to protect my myself if the unlikely event my relationship with my co habiting partner ceases?

Tks

 

[Brendan Burgess]

This is a very interesting question, which I have heard discussed a few times, but have not seen a systematic answer to.

Treoir has an excellent booklet Cohabitants - New legal rights and obligations for opposite and same sex couples

This is my summary, but I am not a lawyer
She can claim to be a cohabitant after 2 years if you have children together or 5 years, if you don't have children.

If the relationship ends, she can apply to court for an order for:

• compensatory maintenance
• pension adjustment
• property adjustment
• provision from your estate after you die

If you are a qualified cohabitant and can show the court at the end of your relationship that you are financially dependent on your ex- partner you can apply for a Compensatory Maintenance Order, which is an order for regular maintenance or a lump sum.

...

If you are a qualified cohabitant and can show the court at the end of your relationship that you are financially dependent on your ex- partner you can apply for a Property Adjustment Order - an order which transfers or settles a property.

There is no automatic right to such an order. She must establish that a) she is a qualified cohabitant and b) that she is financially dependent on you

What does the court take into account before making these orders?



In making a decision, the court must take into account a number of things, including:

• The financial needs and obligations of each cohabitant
• The rights of others including spouses, former spouses and children
• The duration and nature of the relationship
• The contribution made by each to the relationship, financial and otherwise

You can enter a cohabitants agreement

This regulated joint financial matters during your relationship and after it ends.

You can agree that neither of you will apply for a Redress Order after your relationship ends

The agreement must be in writing and signed by both of you.

You must take separate legal advice on it or take joint legal advice and waive the right to independent advice in writing

 

[Brendan Burgess]

So back to the original question...

You should sit down with her and set out the terms of a cohabitants agreement. I am not sure if there is a standard one available. I presume that this would include a statement to the effect that she is not dependent on you.

She should probably agree to pay you rent under the Rent a Room scheme. This would help support the idea that she is not financially dependent on you. She should pay it by standing order into your bank account,so that there is a record.

You should avoid any conversation or email, where she makes a statement such as "I can help you pay the mortgage".