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Original poster

Preventing partner getting "Beneficial Interest" in my house

43 replies

safey · 12/05/2023 09:07

I would really appreciate some advice in preventing my partner from getting any beneficial interest in my property.

I am buying the house with my big deposit and a mortgage in my name.

The only thing he is signing is an occupation deed to say he will move out should I not pay mortgage and bank needs to take possession,
(It is required by my lender).

OP posts:
wobytide · 12/05/2023 10:18

Speak to your Solicitor

Collaborate · 12/05/2023 10:20

What he is being asked to sign is a standard thing that lenders require from adult occupiers to make sure that their mortgage is not encumbered by third party claims.

The only way he could acquire an interest in your property is by either contributing to it financially coupled with a promise (express or implied) by you that he would thereby acquire an interest in it, or by you leading him to believe that he has an interest in the property and it being unreasonable for him to be denied that interest (usually because he had changed his financial position in some way in reliance on that promise).

So - either pay for everything yourself, and keep evidence of that, of if he does pay for something you make it clear, in writing, that he is not being promised an interest in the property. So if he has to pay a contribution towards your mortgage have something in writing that it is rent, and specifically does not amount to him buying an interest in the property.

Original poster
safey · 12/05/2023 10:45

Thank you @Collaborate. I am wondering if an email to him expressing that will suffice or whether I have to do it legally?

I will ask my solicitor too.

OP posts:
Stratocumulus · 12/05/2023 10:47

Legal advice is key. It’s a dodgy one to try to handle yourself.
Good and consistent record keeping is key too.
Good luck!

Original poster
safey · 12/05/2023 10:49

Yes that's true.

It's just that I am getting hints that mother in law is whispering in his ear. I do want this to be airtight.

OP posts:
Original poster
safey · 12/05/2023 10:50

Could my conveyancing solicitor give me this advice or does it have to be a different solicitor?

OP posts:
FloydPepper · 12/05/2023 10:51

I thought mumsnet advice was always to “get on the deeds” if you were paying part of the mortgage.

is that only for women?

EyeC · 12/05/2023 10:53

Will he be contributing to the mortgage?

Original poster
safey · 12/05/2023 10:53

No he won't be.

OP posts:
AMuser · 12/05/2023 10:53

safey · 12/05/2023 10:50

Could my conveyancing solicitor give me this advice or does it have to be a different solicitor?

Your conveyancer should be able to advise, yes.

FloydPepper · 12/05/2023 10:57

safey · 12/05/2023 10:53

No he won't be.

In that case I withdraw my slightly snippy post and totally agree with you protecting your assets

Original poster
safey · 12/05/2023 10:58

Thank you Grin

OP posts:
AnxiousShep · 12/05/2023 10:59

You state partner then mention mother in law. Are you married?

Changeforachange · 12/05/2023 11:01

FloydPepper · 12/05/2023 10:51

I thought mumsnet advice was always to “get on the deeds” if you were paying part of the mortgage.

is that only for women?

If this guy is giving up work to become financially dependent on OP, while he does all the childcare and she goes out to 'build her brand' climbing the corporate ladder, yes, I'd suggest he gets on the deeds.

Is that the case here?

Original poster
safey · 12/05/2023 11:01

No not married - sorry to confuse. Just a figure of speech. She is a very nasty piece of work, so I shouldn't claim her like that!

OP posts:
Grimbelina · 12/05/2023 11:02

Do you really think you want to risk this if his mother is 'whispering in his ear'?. It might be very difficult to unravel in the future if there are already issues arising now

Paq · 12/05/2023 11:03

He also needs to get legal advice and I would recommend he has ready access to savings equivalent to a deposit and 6-12 months rent given you would be able to turf him out at a moment's notice.

Original poster
safey · 12/05/2023 11:04

@Changeforachange no not the case at all. I really want to keep on topic. I am not here for those types of discussions. I am here to see how to protect my assets after years of hard slog that doesn't include anyone else's contribution.

OP posts:
pinkyredrose · 12/05/2023 11:05

Do you really want to live with him? There seems to be a level of distrust. Who's pushing for him to live in your house?

Original poster
safey · 12/05/2023 11:07

Paq · 12/05/2023 11:03

He also needs to get legal advice and I would recommend he has ready access to savings equivalent to a deposit and 6-12 months rent given you would be able to turf him out at a moment's notice.

So you know he doesn't have his own assets then! Do you know him?

OP posts:
caringcarer · 12/05/2023 11:09

He can pay half electric, gas, weather rates, council tax and food as he'd be paying that wherever he lived. You pay a mortgage and any maintenance charges for repair or upkeep of property and your half of bills. He effectively gets to live rent free. He's not getting a bad deal. He should have a rent deposit saved though in case you two break up.

Original poster
safey · 12/05/2023 11:11

@caringcarer That sounds fair

OP posts:
SavBlancTonight · 12/05/2023 11:19

safey · 12/05/2023 11:11

@caringcarer That sounds fair

No, that doesn't sound fair at all. He is living RENT FREE. How the F* is that fair?

Go talk to a solicitor. As a partner, I believe it's a bit more complicated than just agreeing he's a tenant/lodger, but they will be able to advise. of COURSE he should pay rent - you just have to structure it appropriately. You may well choose to make it a relatively low rent as of course, in the ideal world, when you live with a partner you both benefit financially, but living rent free is ridiculous and nothing irritates me more than when I see this suggestion, for men or women, moving into someone else's house.

SavBlancTonight · 12/05/2023 11:21

Having said that, I will add one rider - if in any relationship one person is massively wealthier than the other and therefore the only way the less wealthy person can live in the house/location that the wealthy person wants/can afford, then it may well be that some sort of rent-free agreement can and should be made.

But in 90% of cases, the "poorer" person would still pay rent elsewhere and therefore should still be paying rent in this situation, even if it's massively reduced to account for wage discrepancies etc.

tescocreditcard · 12/05/2023 11:23

FloydPepper · 12/05/2023 10:51

I thought mumsnet advice was always to “get on the deeds” if you were paying part of the mortgage.

is that only for women?

It's usually for women providing free childcare who have sacrificed a career. That's obviously not applicable here.