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Loan

28 replies

cjloveske · 30/06/2019 10:18

My partner wants to apply for a loan in his name only but says he needs to add my details to the application as I live with him. The house is solely in his name. Why does the bank need to have my details?

OP posts:
SingingLily · 07/07/2019 12:45

This is from the website of Shelter.org. It's a complicated area of law and could be costly if the relationship breaks down. However, I agree completely that OP is in a very vulnerable position.

Rights by estoppel
This content applies to England & Wales
How a non-owning cohabitant may be able to show that s/he has rights by estoppel.
The non-owning cohabitant may be able to argue that s/he has rights to remain by estoppel. For an estoppel to arise, two criteria must be fulfilled:
the claimant must have been misled by the owner into believing that s/he would acquire a beneficial interest in the property, and
s/he must have acted to her/his detriment in reliance on that belief.
An example of this might be if the non-owning cohabitant acted to her/his detriment to live with the owner of the family home, for example by giving up a job or a home,[1] or if s/he made regular payments 'towards the house' in order to enable the legal owner to afford keeping it.[2]
If the non-owning cohabitant can establish that s/he has rights by estoppel, the courts may decide on the appropriate remedy, for example by granting her/him a licence, a tenancy or a financial share in the property.

cjloveske · 07/07/2019 17:19

Oh god.... I would be screwed if he split up with me. We're very happy right now and I can't see it happening any time, but equally I know that it's a possibility as with any relationship. I think I'm going to have to re-consider how we organise finances. Thank you all for your honest views. Smile

OP posts:
cjloveske · 08/07/2019 11:33

Thank you all.

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