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Thread: Buying property

  1. #1

    Buying property

    I'm about to buy a property to live in and hopefully, in the near future, buy another to rent. I will be the only person on the mortgage and paying the bills.
    However, If I decide to live with my girlfriend, would there be any possibility of her having any claim on any of the properties?

    Many thanks,

  2. #2
    Not at all.
    If the bills and contracts are all in your name, then legally she can't do anything.
    Even if she pays towards either some of the bills or the mortgage, she isn't entitled.

  3. #3
    Make sure she doesn't deliberately get pregnant or she could kick you out if you break up. Women can be very scheming.

  4. #4
    Thanks for your posts.

    I thought that was the position. Is there a time limit to that? so, for example, if one cohabits with their girlfriend for 10+ years and the bills and mortgage are only in one persons name (and the other doesn't make a contribution) does that still mean that the person not contributing can't or doesn't have any kind of claim on the property??

  5. #5
    I would go and see a solicitor now before anything else. You can be assured that if the two of you live together and break up that will be the first thing she will do, baby or not. The law will state that a child will need a roof over its head and the father will have to provide this. This could be your property and you wont be living there anymore. Its all a big gamble, so please be very careful.

  6. #6
    assuming there isn't a child involved what would the position be?

    I wouldn't have any tenants, whether it's a girlfriend or not, in a property without a legal agreement of some sort anyway.

  7. #7
    See a good solicitor that is 1. specialised in this area and 2. get their advice in writing.

    In case you don't know...Not all solicitors are equal and some are quite cavalier about risks that may never materialize and are far off enough for them to not to be concerned about the final result. If they are not specialised in this area of law they may be basing their their answer on their general legal knowledge which is of course not reliable. I know from personal experience that you can get slap dash work which is worse than useless unless you make sure you get a solicitor that is specialised in the area and is providing written advice (that they then know they are on the hook for later).

    In 2008 I believe the position was there a legal trend developing that cohabiting could lead to an interest in property...this was based I believe on the fact the government at the time was proposing to introduce a cohabitation act which would have clarified the position and put rights in statute.

    I believe the main case that was setting up a possible legal basis for future cohabitation rights to be established in common law was based around promissory estoppel where the legal owner had made or purportedly made certain promises that lead to possible rights being granted by the court since they had been relied upon.

    So the number 3. Is don't make any promises over the ten years that could be interpreted in the wrong way - ask your solicitor for details and how to clarify things with partner without it seeming all to unkind and weird...

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