I'm single & own my house. What are the potential pitfalls of DP moving in with us? Do I need a cohabitation order?

[Grockle]

It'd be nice if DP could officially live with us.

Having had exDH try to take EVERYTHING (despite the house being in MY name), I am very very wary. I've worked really hard for our home and it is here for DS when I die. DP knows this and understands - he has his own children. We're all in agreement but I need to know there is some legal backing.

I consulted a local solicitor but they reckoned it'd cost £500+ to draw up and agreement and we have no spare cash atm (DP on long-term sick)

I have a will & we don't plan on getting married (but what if we do at some point many years down the line?)

When I owned my house and DP (now DH) moved in I made sure everything was kept in my name only, and he gave me a contribution each month towards the bills. I think, as we didn't have anything drawn up, he could have claimed something but as I knew we were marrying soon it didn't matter too much to me. I also had only had the house for a couple of years.

Once we were married, he automatically has a right to half everything so when we remortgaged he went on the mortgage and onto the Land Registry details too. It was fine with me as he had been paying towards it and his salary gave us more options with the mortgage.

However - my Mum owned her home when she met her husband. She then sold up and with that money and a stake from him they bought a new home together. She had it put in her will that he will get to either stay in the house until he dies, or if he sells then he will get the same percentage that he put in only.

I would strongly recommend that you get something in writing - maybe draw it up yourselves and get witnesses to your signatures. Do you have a will? If not - make one. Make sure it states that on your death the house goes to your son. If your DP won't be paying towards the mortgage then maybe get something written up to that effect?

I really think it would be worth getting something done properly if there is any way you can find the money - think about how much the house is worth and how much it would cost if it all went wrong.

Thanks Kirsty.

Maybe I'll give a solicitor a call.

Grockle. The best way to protect your position is to make clear (and have a record of this) that what he pays you toward the bills is absolutely not in return for you giving him an interest in the house. The best way to record it is in a cohabitation contract, but if you can't afford one right now drawing up something yourself at home is better than nothing.
If he's living in your house when you die he would have a claim under the inheritance act for reasonable financial provision. Reduce the chances of this happening by ensuring that he makes alternative provision for himself. This might be him buying a buy-to-let property, that he could live in when you die. You could then explain in your will that you are making little or no provision for him for this reason.

Kirsty: when you marry your husband doesn't automatically become entitled to half of anything you own, and vice-versa.

Thanks Collaborate, your post was very helpful and a little alarming! I'm surprised that DP would have an interest in the house when my Will states clearly that everything would go to DS.

Obviously, I don't want to leave DP homeless and destitute but he'd surely just revert to what he has now (which is nothing - he has 4 children with 2 different mothers and he lives with his parents - sounds like a great catch, I know )

If your partner moves into your house you'll need to let your mortgage lender know (if you have one). They'll want him to sign an Occupier's Consent/Waiver form.

I hadn't thought of that, but thank you.

He won't have an interest in your house. Just a right to apply to court for reasonable financial provision. You should make a will and bear this in mind.

I have a will but it states that DS gets everything. I have an appointment to see a solicitor this week. Thanks for the help