Stopping partner having rights to house

[Ohsoverytired11]

Hoping for some guidance before speaking to a solicitor. Myself and my partner currently rent a house from my parent, I have lived here for 8 years, he has lived here for 5 years. My parent has kindly said that they would like to "gift" me the house but I want to make sure that I am in a position where I am as secure as possible if the relationship ever ended.

Background information, we have 4 kids between us. I have 1 from a previous relationship, he has 2 from a previous relationship and we have 1 child together. My child and our child together live with us, his other 2 visit every other weekend. He owns a house with his ex already which is mortgaged and has told me that he cannot force a sale due to their mum not working (I'm not sure whether to believe this or not tbh), he is not proactive at all so I can't ever see him forcing the sale even when the kids are adults. We have always had separate finances at his insistance but each pay half towards all bills. I am the higher earner in the relationship but we both work full time. We will not be getting married.

In terms of our relationship although we are generally happy there are niggles and I would want to be sure that if the relationship ever ended I would not owe him anything from the house and myself and my children would still have our home.

Any advice? I don't even know what I should be asking a solicitor tbh. TIA.

Is there a mortgage? If so, you will need a cohabitation contract in which you spell out what he pays towards, and that he is not buying himself an interest in your house by paying your mortgage.

Do not accept from him any money for home improvements without first getting it in writing from him that you have not promised him any interest in the property in return.

I think, as you are not married and don’t intend to the house being yours means he has no rights to it. Make sure any work done on it, esp work that would improve the value is paid for by you, and you only-with a very clear paper trail to prove it so he can’t say he is owed a percentage as he contributed to the improved value. It’s only if you get married he would have rights to a share of the marital home. It would also be a good idea for a legal contract to be signed-even a basic agreement, just in case. Lucky you though-how generous of your parents.

Get legal advice before agreeing to anything

Mumsnet isn’t the place to make this kind of decision

You’re doing this for the right reasons and it’s important for you and for your relative.

Agree with those above. A cohabitation agreement particularly if you both take separate legal advice will help too.

Sometimes his children become "children of the family" if you pay towards them (you earn the most) so just be careful of that too although that does not relate to the house and as they are only there at weekends that is less likely than in other cases.

No mortgage. I will be in an incredibly fortunate situation which I am extremely grateful for and don't want to blow it. Although I never expected it, I want this to be the secure home for myself and my children forever, and I know from past experience that the unexpected can happen in relationships...
Thank you for the advice so far. It hadn't occurred to me about his children being counted as "children of the family". I don't pay anything towards them and they have never lived with us.
I have added your suggestions to my list of things to consider.

One further thing to think about is potential claims under the Inheritance Act.

As a cohabitee and someone who is being provided for by you (in terms of housing) if you make no or inadequate financial provision for him in your will he may have a claim against your estate for reasonable provision. Speak to a solicitor and make a will, or contact Mumblechum on here who also does wills and is well regarded.

Where are you?
He may have more rights in Scotland than in England and Wales.

If you stayed in your house could you afford the mortgage and running costs by yourself?

Sorry ignore, posted on the wrong post!

We are in England. I would make sure to leave him provided for with regards to my will as obviously he would be raising our child if anything happened to me, and I don't want him to struggle. Just want to ensure the house is always protected for my children. I was thinking along the lines of him being able to live there until our child leaves full time education.

Thanks @Collaborate for the shout out.

OP, I suggest that you make a will giving your partner a right to reside for a specific period. How long that should be depends on a number of factors.

If you're planning to give all of your other assets (savings etc) to the children, it may be worth considering taking out a small life insurance policy, or to nominate your partner as beneficiary of part of any existing death in service payment, in order to avoid the risk of his making a claim under the Inheritance (Provision for Family and Dependents) Act 1975.

If you'd like to get in touch to discuss the will aspect, please do feel free to PM me.

If his children are not living with you and you don't support them they are unlikely t o be children of the family. I did know one poor man who took in a divorced mother of 2, paid the fees for the children to Millfield boarding school at £30k a year x 2 and then when she left him for someone else they were counted as "children of the family" and his financial obligations to them continued!

I would advise you not to get married then without careful financial consideration as the rules that strip so many men of assets can work in reverse as many furious women have found out to their cost !