Planning for the future
Question
My Dad's helped me buy a flat and we've got a joint mortgage. My boyfriend is going to move into the flat with me and I was wondering whether he would have any rights to the flat if we were to split up. We plan to pay all the bills together and he'll give me money each month to go towards the mortgage. I'll pay more than he does but I don't know if this means he'll have a right to part of the flat, or not.
Answer
If you own the house, your Dad is just on the mortgage and you're not married, your boyfriend has very limited rights if you split up. You have the right to ask him to leave if you give him reasonable notice, but that does not have to be very long. You could make a written agreement giving your boyfriend 28 days notice to leave if things do not work out.
In certain circumstances your boyfriend may be able to get a temporary occupation order from the courts. This is an order that sets out who can stay in the house in the short term when there is a dispute. Not everyone can apply for an occupation order. Courts are more likely to give occupation orders if children or domestic violence is involved. You would need to see a family law solicitor for further advice in this area.
If your boyfriend is going to contribute to the mortgage he may have some rights to a share in the value of the property - this is called having a beneficial interest. If you make a written agreement with each other before you move in together, this could make things a lot easier to sort out if there are problems later on. The written agreement should state who pays the mortgage, how much is paid every month, and any agreement you have reached about shares in the value of the property. It is advisable to draw up a trust deed with the advice of a solicitor. If there is a mortgage, the lender will have to be informed.
Even if a formal document such as a trust deed isn't drawn up, the legal owner and the person moving in need to be aware that a beneficial interest can be established in other ways, for example, if the person moving in contributes to the mortgage payments.
If you want to give your boyfriend more security you could add him to the mortgage agreement or deeds of the house. This would give him the same rights to stay there as you. If you do want to do this you'll need permission from the lenders and your Dad to add him to the mortgage, and the legal fees for changing the deeds could be expensive.
When moving in with someone it can be helpful to write an inventory (a list) of all the belongings each person brings into the home. This could help if there is a disagreement later on. Disputes are more often about joint purchases so you may want to decide how you would deal with them if you do split up.
Finally, it's important to remember that if you've been living on your own and your boyfriend moves in you will lose your single person discount on your council tax.
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Question answered by Shelter
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