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Legal matters

If we "bought together" would I actually have any rights to the property?

3 replies

BekahB · 20/02/2013 13:55

DP and I are considering buying a house together later in the year. I say "buying together" but I'm not actually earning yet, I'm still a student so the mortgage would be his and the deposit (over £20k) is also all his. I'm trying to save up as much as I can to contribute but it won't top £2k.

What I'm wondering is, say we move into what will essentially be HIS house - if we split do I have any rights to

a) the property
b) the money (say I do add £2k onto the deposit) I pay towards the house
c) Can he kick me out at any time?

Can my name be on the mortgage if I'm not earning and we're not married?

OP posts:
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mumblechum1 · 20/02/2013 14:40

The short answers are:

a)No
b)Possibly
c)Yes

It's actually a bit more complicated than that, but I strongly recommend that you enter into a trust deed which will at least recognise your initial contribution and will deal with how the house would be dealt with in the event that you split at a later date, and by then have financially contributed.

If you don't do a trust deed you may end up having to issue proceedings for a declaration that you have an interest, and eventually an order for sale.

If you have children, you may be able to get a Schedule 1 order under the Children Act for a temporary right to occupy.

But if I were you I would suggest that you either buy in joint names or if that isn't possible, at least do a trust deed.

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titchy · 20/02/2013 15:18

You can still be a joint owner even if you don't have an income, thousands of SAHMs are!

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ImperialBlether · 20/02/2013 20:34

Do you have children together, OP?

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