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AIBU?

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To ask for a cohabitation agreement

65 replies

Whatslovegottodowiththis · 30/11/2024 08:55

I have been in a relationship for 10 years, have a 2 year old toddler and live in my fiancées house - owned solely by him. We got engaged when I was pregnant but since then, he will not discuss any wedding plans. It used to upset me but now I don’t really care much anymore if we get married or not. However, I have recently returned to work after maternity leave and am back to earning a decent wage. He has been struggling financially to cover all the bills and his mortgage when I was on ML as I was not contributing towards bills/mortgage. We have recently discussed that because now I am working, I will start contributing to expenses as I had done before falling pregnant. But here is the issue I have- before I was pregnant I would transfer £700 a month to him, which we agreed would be to cover the cost of bills (not mortgage) but that’s way more than all the bills were and really we should have been paying 1/2 each for the bills (excluding the mortgage). I say that because the house is in his name and if anything were to happen to us, I would have zero rights to it as an unmarried partner. I feel like for years I helped him (through my contributions) with some of the mortgage payments and I have nothing to show for it.
We agreed that we would talk about finances soon and I am going to say that, whilst I am happy to contribute £1k-£1.5k a month, I need an agreement in writing that there will be a separate contribution made by me for HALF the utilities and anything over that will be my contribution towards his mortgage, which IF we move or break up will be considered my equity in the house and will be due back to me. Is this reasonable?

OP posts:
1457bloom · 30/11/2024 16:17

If I was him I would say no, sorry.

Wellingtonspie · 30/11/2024 16:15

His unlikely to agree. I’d say half of bills and shopping or your idea and see which one he picks.

But I’d be very wary of a man who wants you to pay so much with zero security no ring or tenancy while often so I’m presuming here leaving 90% of the baby stuff and costs down to you as well.

Maybe if he wants rent you should charge him child maintenance 😉

Gravitasdepleted · 30/11/2024 16:06

Will he be doing 50/50 with all childcare and child related work? As well as childcare costs? They are often more than a mortgage, and the parent who does the pick ups, drop offs and sick days always takes a career hit.
Honestly marriage is a much easier option once you have children in the mix, then you know no matter what it will equal out if things don't work out between you. Although if you do step back in your career, you never get compensated for that.

StopStartStop · 30/11/2024 15:54

Use your money to start your own household and eventually buy your own property. He's taking advantage of you.

Mrsttcno1 · 30/11/2024 15:42

Tiswa · 30/11/2024 15:00

But in all honesty you are no different to a lodger/tenant and that is the issue you have in your relationship

Yeah exactly this. You’re not married, you’d be paying rent to live there just like if separated you’d be paying rent/a mortgage.

Tiswa · 30/11/2024 15:00

But in all honesty you are no different to a lodger/tenant and that is the issue you have in your relationship

Whatslovegottodowiththis · 30/11/2024 13:59

jxpop665 · 30/11/2024 13:28

You're living together and paying lodgings?

People don't have to let you invest in their investments or let you take advantage of them for free. Even if he has no mortgage, makes no difference.

It's perfectly reasonable for him to charge you around 70% of the interest on a mortgage as rent for you and half of your shared child.

|f he is clear you are paying him to stay, and he is paying his mortgage, you have no interest.

As well as paying rent, you can choose whether to buy a house to let out - I wonder whether you'll be keen to let the tenants buy in to the equity as well.

At no point did I claim any right to the property. All I want acknowledged is that my significant monthly financial contribution can’t all be considered to be towards bills only, and I have/will be effectively helping him pay off his mortgage. So if we do buy together/ split up, I can recover some of my previous contributions towards his mortgage. And I do have enough money to buy rather than rent and we discussed buying together but these plans were put on hold as I fell pregnant and didn’t have a salary coming in. I am just becoming more aware that these ‘delays’ with moving/marriage are putting me at a disadvantage. Yes if we weren’t together, I’d just buy my own property but tenancy laws are about to change significantly against landlords and I do not want to buy to let for that reason.

And I find it strange that you would liken the situation of a long- term partner who has been contributing for many years with nothing to show for it and now also has a child with their partner to a landlord- tenant situation. That’s crazy to me.

OP posts:
jxpop665 · 30/11/2024 13:28

You're living together and paying lodgings?

People don't have to let you invest in their investments or let you take advantage of them for free. Even if he has no mortgage, makes no difference.

It's perfectly reasonable for him to charge you around 70% of the interest on a mortgage as rent for you and half of your shared child.

|f he is clear you are paying him to stay, and he is paying his mortgage, you have no interest.

As well as paying rent, you can choose whether to buy a house to let out - I wonder whether you'll be keen to let the tenants buy in to the equity as well.

Soontobe60 · 30/11/2024 11:04

Whatslovegottodowiththis · 30/11/2024 09:50

Thank you all for your useful advice. I am aware that the set up wouldn’t work for everyone and yeah in an ideal world we would have got married soon after he proposed. But I am not going to push for something he clearly isn’t interested in pursuing anymore (his reasons anre that he wants a special event -largish wedding, which we cannot afford read- excuse) and I don’t really feel like being married is important enough for me to break up over. I just want a fair situation for both him and me given that our finances are separate.

You could nip to the register office by yourselves for the legal side of marriage then celebrate at a later date. He wont marry you because he wont hand over half his house.

Soontobe60 · 30/11/2024 11:02

Chowtime · 30/11/2024 09:07

As a homeowner myself I wouldn't agree to give someone else equity in my home and I dont think your partner will either sorry but you can ask all he can do is say no.

In which case she shouldn't be contributing to all the bills. Food yes, Council Tax yes, anything else a big no.

ExcludedatfiveFML · 30/11/2024 11:00

I'm not married to my OH either, it works for us. We moved in together just before our eldest was born.

In his flat I paid nothing because first I was on mat leave and later the bills were equal to childcare so just paid that.

Later I sold my own property and we bought together with a deed of trust delineating our shares. All bills and mortgage are now 50/50.

Do not let him gaslight you into handing over more than half the bills, and remember that childcare is a bill that both of you have to pay.

The alternative is an official legal contract where you officially buy in to the property, nothing less. No verbal agreement, nothing less than a formal contract with your name added to the deeds. It's perfectly possible to write a declaration of trust that protects everything he's paid to date.

He can't have his cake and eat it.

Whatslovegottodowiththis · 30/11/2024 10:25

Cohabitation agreements are enforceable as long as executed as a deed.

OP posts:
Vaxtable · 30/11/2024 10:19

I don’t think you could enforce it. I would take some legal advice here

and if he won’t then I would only pay him half the bills and food, insist he pays half of all child care costs including nursery, clothes etc and I would be saving the rest really hard to enable me to buy my own property, or have funds in case it all goes wrong

i would also not be paying anything towards his house for repairs, decorating and would be very careful about paying towards furniture

SomePosters · 30/11/2024 10:14

You’re being taken for a mug

if he won’t legally marry you to give you the security you deserve but wants to continue to pay his mortgage off with your money I would move out and invite him to set up home with you and rent out his house

Please take some time to read the thousands of threads on here from women who tolerated this for 20 plus years and then were left high and dry when their ‘partner’ does the dirty

honeylulu · 30/11/2024 10:09

It's a tricky one and the fact that you already have a child and aren't married has lost you some bargaining power.

If you split you'd be paying rent as well as bills elsewhere, so half bills only is quite a good deal for you. (Does this include half the childcare? This should be split.) He can't actually make you pay more though, so that's your bargaining chip. As you say, if he wants a contribution to the mortgage this needs to be reflected in the cohabitation agreement or being added to the deeds as tenants in common (uneven split to reflect what he's already covered and what you'll contribute).

What do you think will happen if you insist/won't pay more? If he indicates you'll have to leave, I would breezily say OK but I'll have to leave the child here with you, as you have a family home and I'll have to rent a room. I know you won't but I bet he won't like that idea one bit.

Mrsttcno1 · 30/11/2024 10:08

I doubt he’ll agree to giving you a stake in the house through a formal agreement but you can ask. Realistically though if you don’t pay towards the mortgage indefinitely you’re living rent free which isn’t fair either, if you weren’t with him you’d be paying rent on your own + all bills so he could set up a formal agreement for rent rather than cohabitation.

Tiswa · 30/11/2024 10:08

Given you have had a child getting married and everything that brings should be an absolute priority for you because at the moment you are financially screwed

that said his ownership should also be protected

I think you need an honest conversation and some good financial and legal advice and a discussion regarding marriage

MimiGC · 30/11/2024 10:06

Does he have a will (he should have)? If he died tomorrow, who would the house be left to? When you have your frank talk, these are two important things you need to find out. If he won't tell you and show you his will, then you have bigger problems than you realise.

Maurepas · 30/11/2024 10:04

YABU because you are paying and have paid too much!!

Lilly11a · 30/11/2024 10:02

Getting married and ownership of the house can be two different things .

If he doesn't want to get married, do what someone up thread has suggested. Get the house valued now , have a deed of trust to protect his equity to date , then equal ownership going forward

AmandaHoldensLips · 30/11/2024 09:59

You are in a long-term relationship and share a child together. If you were to separate, you could demonstrate that you have an interest in the house you share together, regardless of your not being on the deeds.

I know this because a friend of mine (male) recently had to make a very significant settlement to his ex girlfriend. She was not on the deeds and they co-habited. No children.

If I were you I would take legal advice. Your suggestion of a co-habiting agreement is very sensible.

Honeycrisp · 30/11/2024 09:53

I think it would be fine to want and ask for this. Your issue is more that you've no way of enforcing it. If he says no, there's nothing you can do about that other than decide whether it's a deal breaker or not.

It may be a moot point depending on your plans, but also I would not have more DC until the situation is resolved.

Whatslovegottodowiththis · 30/11/2024 09:50

Thank you all for your useful advice. I am aware that the set up wouldn’t work for everyone and yeah in an ideal world we would have got married soon after he proposed. But I am not going to push for something he clearly isn’t interested in pursuing anymore (his reasons anre that he wants a special event -largish wedding, which we cannot afford read- excuse) and I don’t really feel like being married is important enough for me to break up over. I just want a fair situation for both him and me given that our finances are separate.

OP posts:
notatinydancer · 30/11/2024 09:43

Agix · 30/11/2024 09:26

Sounds like he's your landlord, OP.

She'd have more rights if he was.
She's a lodger currently with no rights.

Gasp0deTheW0nderD0g · 30/11/2024 09:37

Chowtime · 30/11/2024 09:07

As a homeowner myself I wouldn't agree to give someone else equity in my home and I dont think your partner will either sorry but you can ask all he can do is say no.

You make it sound like she is a lodger demanding a share of the equity in return for her lodging payments. The OP is the homeowner's life partner and the mother of his child. If they were married or civil partners she would be entitled to a share of the house if they split up or if he died iwithout a will in recognition of the fact that.when two people live as partners and especially when they have children together their finances inevitably become intertwined. It sounds as if the OP would be capable of supporting herself and their child if they did split up or if the partner were to die but she would have no right to his pension either.

Time for a frank talk, OP. What are his objections to getting married? If it's to do with not wanting a wedding, why not just get a civil partnership or the cheapest possible registry office wedding? No need to invite anybody else if you don't want to. Just find two witnesses and off you go. All the legalities sorted out very simply. You can replicate some of them without marriage or civil partnership but it will cost more in legal fees.

If he won't go for that you have a bigger problem on your hands. What's in his will? Has he made one? Without a will everything goes to your child and nothing to you. Has he thought about inheritance tax? If that might be relevant, and it easily could be if the house is in London, your child will ultimately inherit more from two married parents than two co-habiting parents.

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