Living With Partner

[Rubyrose]

Any advice would be helpful.

My boyfriend owns his flat and pays a mortgage on it. I am moving in with him in September/October 2015. We want to draw up some kind of agreement so that in years to come, if we break up (heaven forbid) I wouldn't be able to claim any of his property. I assume this would be different if we were married but for now, we're not.

Is there anywhere online I can find information on this or get an agreement template?

Kind regards,
RR

[bookbinder]

Enter: property rights unmarried couples uk into your search engine. You'll find plenty of websites there.

[Rubyrose]

I have and nothing quite fits our scenario. Most of it is about buying together. Hence why I posted this question!! RR

[jno]

why would you commit yourself to not claiming any of it? Even if you just did his laundry you'd be giving him more time to make money to pay the instalments which ought to mean you'd be entitled to a share of it, however small. What would happen if, say, he was unwell or lost his job and you supported him for a year or two - including paying the mortgage?

Whose idea was this exactly?

[maggiebee]

When my friend's daughter married (for the second time) they had some kind of written agreement that her husband could not claim against anything that she had bought before their marriage. This included the house they share. Found it a bit strange, almost like she didn't trust him.

[ubasses]

You can draw up a "no-nup" agreement by downloading ready-made cohabitation agreement templates with guidance notes, usually drafted by a family law solicitor, from online legal publishers such as Lawpack.co.uk and Netlawman.co.uk for £10-£15. But for any agreement to stand a chance of being upheld by the courts, both parties must each take independent legal advice and there can be no mistakes in the agreement.

You are probably best off discussing and drawing up any cohabitation agreement with a specialist family law practitioner.

[Hopkirk]

If you aren't married or have dependants surely you wouldn't have a claim anyway.

[hc4361]

jno, if he becomes ill and needs support they can appropriate arrangements for that.
In the meantime assuming they don't have children and Rubyrose isn't paying rent she is getting free housing and, if your traditional scenario fits reality, a man to do the decorating, odd jobs, car repairs.......

Rubyrose, you both need to see a solicitor and draw up a cohabitation agreement. It will be legally binding if properly drawn up

[Rubyrose]

It was my idea. His flat is nothing to do with me and I don't want to take any of it from him. As far as I'm concerned, I'm renting and he is my landlord. Appreciate the concern but it's not the advice I asked for jno.

Thanks ubasses. I'll have a look.

[jno]

they can, hc, but people sometimes don't. I just don't see the point of renouncing a possible future claim which might, when it arises, be valid. But I obviously don't know Rubyrose's circumstances, and it may be that they've already formalised any financial obligations.

[jno]

if you don't want to take anything from him... then just don't. It doesn't need to be written down.

[FrillyPancake]

I did exactly this with my now husband nearly 17 years ago.....i know exactly wheat you mean Ruby. I moved into his flat with him, it was all his money i just paid him 'rent' for four years. When we moved out to get our first home, the deposit we put down was from the profit of the flat we put a clause into our mortgage terms saying that he would be entitled to the 6k back if we were to split -we didnt and are onto our third house/property and now we are married none of it matters but was peace of mind for us both as we were dating. Hope this helps you out just speak to the solicitor they see this all the time with people starting out for a small fee they will write something in for you

[Prudie]

Is it a myth that these pre-nup agreements are actually worth anything in the UK when push comes to shove?

[FrillyPancake]

According to the solicitor we spoke to it was a very sensible thing to do at such a young age and he thoroughlly encouraged it for us. Wasnt a prenup as we werent married/getting married just more of that 6k is yours if something unfortunate happens between us. Happy days for us both and no arguing over money issues in the early days...! Worked for us - null and void now we are married seemed very sensible for us to do back then. Must be quite a modern way of looking at breaking up which unfortunately does happen. I think Ruby issensible to do this. Saves a lot of arguments about finances till your secure financially and emotionally.

[Rubyrose]

Thanks FrillyPancake. That helps. My friend is a solicitor so I may speak to her and see if she can help.

Many thanks.

[MallyJ]

Please note that if anything happens to him you have no claim on what will be your home at all as it will belong to his next of kin. You can protect yourself by him writing w will that leaves it to you in the event of his death. In the meantime I really do urge you to save as much as you can to protect yourself in the future.. if things go wrong you need to be able to get yourself a home... alternatively you could buy and let it out... that will help pay your mortgage and give you a fall back place. You could then decide at a future date to sell both and buy a joint home. Been there and done all that....!!

[Peter Pedant]

Oh jesus someone in the fambly or near it is a solicitor ?
deffo speak to them

I was gonna conjure up Barmaid but I dont have to, now

The thing she says that this is a trust case and not a matrimonial case ....
jno's point is covered by case-law - doing the cooking doesnt raise any rights but contributing to the mortgage does...

yeah see your friend who's a solicitor

[Peter Pedant]

// Please note that if anything happens to him you have no claim on what will be your home at all as it will belong to his next of kin.//

no no - see your solicitor fren'
You have already said you wont have an interest in the house ....
so that is covered.

Mally's partner's house went to either the heir named in his will if there was one or according to the intestacy rules and NOT next of kin altho one might be the same person.

At least everyone has got the point that if you arent married you dont have any matrimonial rights

[Peter Pedant]

// Is it a myth that these pre-nup agreements are actually worth anything in the UK when push comes to shove?//

this isnt about a pre-nup

BUT the answer to the pre-nup question is that the Law seems to be changing before our very eyes

Roob needs to see her gren' the lawyer as she is getting answers to questions she hasnt really asked.... and some of the answers er arent really kosher