Preventing partner getting "Beneficial Interest" in my house

[safey]

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).

@SavBlancTonight

ISWYM, I would just rather that than him being able to make a claim as I will be in a seriously fucked.

I'm starting to get put off by this. Maybe ai should live alone!

It's up to you if you want him to pay rent or not. I solely own my house and dp pays towards utilities, council tax etc. He has a separate flat where a younger family member lives and has a mortgage on that. I didn't think it would be fair to charge him rent when he is paying a mortgage. We are both paying off our own asset.

As I said, speak to a solicitor.

Tenants don't have a beneficial interest in the house they rent.

Obviously, a partner is different but there is a way to manage this but you need legal advice.

Do not move someone in and build up serious resentment about finances becuase you're worried that he or his mother will try to fleece you.... not a great scenario.

@safey I don't know anything about him. I would give the same advice to anyone who has no legal rights to stay in their home. Which is the position you want to put him in.

I'm not judging btw, you need to protect yourself.

Do everything in plain sight - above board with a solicitor - it’s fair, adult and transparent.

Also have an agreed ‘exit strategy’ as well as a plan for how your relationship might develop.

Do you foresee marriage - children - house move ?

Research how these will impact your personal finances etc and make good choices for you.

Sorry @safey I should have ignored the goady remark by PP.

It's extra wear and tear on the property. I would be charging him a small rent too. Why should OP pay all the maintenance while he lives rent free? No way would I put up with that.

I imagine your solicitor will suggest a Deed of Trust.

You can charge rent/rent out a room without having to pay tax, I think the threshold is £7500. So give him a room charge him half the bills and some rent.
If you have a contact even better, it is clear then it is rental and he has no interest in the property.
Do not get married!
I would run this past a solicitor as well.

I think that you should seriously consider whether it's worth the hassle. I own a house and have made it clear to DP that we will need to buy a place together when we are ready to move in together. I certainly wouldn't have him moving into my house. Apart from the financial headache, I think that it creates a power imbalance in a relationship.

But OP would be paying mortgage anyway. It won't be more expensive because her partner lives with her. Also it absolutely guarantees her partner will have no future claim on her house. Suggest he treats you to a meal out each week as living rent free. That's what I'd do anyway.

I am not a lawyer, but i would have thought that him paying RENT, with a tenancy or lodging agreement, would make it more rather than less clear that he doesn't own it.

Yes,but how is SHE benefiting? Sex on tap? That doesn't feel like enough of a benefit to me.

Her mortgage is the same whether he lives there or not. But if he lives there, rent free, he is saving a fortune. So he benefits hugely.

You are falling into this ridiculous trap that so many (mostly women) do which is that if your life isn't made WORSE by a man moving in with you, then that's more than sufficient to go with it. It should be better. More fun, less work and yes, less financial strain.

Make him a lodger: lodgers share facilities with the landlord (you) and have a contract, but legally have less rights than a tenant. A tenant has sole access to the property, so in essence OPs partner would be a lodger. Please seek legal advice, it's not complicated, but needs to be sorted out before he moves in.

See a solicitor and get him to sign a cohabitation agreement, it's the only way to protect yourself

This is your home. You probably saved hard for a number of years to buy this house and may have gotten some financial help from your parents to do this. Why should he benefit from the hard work you put in?

A number of years ago I know a lady who moved her boyfriend into the house she saved for and bought. Later they broke up and he had being paying towards the mortgage and bills. He came looking for this share of the house. Her parents give him money so she did not have to sell the house to pay him off. She had gotten no legal advice before she moved him in.

Also if you know that his mother is advising him how to move in with you she is probably working out if you broke up it will benefit him financially. She might be telling people that he bought a house and nearly that you were moving in with him.

I would get legal advice and have a contract drawn up for him to sign that will specify what costs he will pay, that he has no legal rights in regards to this house and what happens in the event if you brake up that he has to move out of your home within a month.

If things don't work out between you or he cheats you don't want him in your home or putting in a claim on this house.
If he or his mother are not happy with your terms and conditions of him moving into your home and he does not sign this document you know where you stand.

I would not be letting him move in with out this in place because you need to protect you and your house. In fact you might be better off renting out a room and having a lodger if it helps pay towards the mortgage or gives you a bit more income to build up your savings. Read up on how to do this in a legal way and how this income is treated by the tax man.
I know a single lady who bought a house years ago and she had a lodger to help her pay the bills for a few years after she bought her house and it improved her finances.

Cohabitation agreement. Be clear on who owns what. He can contribute as rent. Job done.

DD had a cohabitation agreement with boyfriend. Not sure what it said. It was her flat and they agreed the terms with a solicitor. He had no claim on her flat. He did ultimately leave and she has a lodger now.