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Relationships

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Original poster

Cohabitation agreements

7 replies

Emtaboo · 02/04/2023 09:50

Hi there
Has anyone done one of these please? I own my home, and we have two DC. Not sure if we’ll ever get married, but whether we do or not, this seems like a sensible idea as we’re currently not, and there is no such thing as ‘common law wife’. I’m fully versed on the financial side, but not the legal side. I’d be interested to know if any of you have done this and what were the main points in the content.
Thank you

OP posts:

Yesthatismychildsigh · 02/04/2023 09:53

What do you mean? Why would you need an agreement?

Original poster

Emtaboo · 02/04/2023 10:12

Hi @Yesthatismychildsigh. Seeing as we’re not married, I thought it may be sensible to protect each other and the children. I feel quite vulnerable as we’re not married. I own our home and pay everything towards it. I’m just curious to see what provisions others may have put in theirs to see if it’s worth doing. I believe you set out what happens to assets on illness, death, or separation x

OP posts:

JamMakingWannaBe · 02/04/2023 10:12

Just to confirm, you have 2DCs with a partner you don't currently live with?
When they move in, get them to pay you an allowance and ensure the payment is called "rent" on the bank statements.
Do you have a Will?

Original poster

Emtaboo · 02/04/2023 10:14

Hi @JamMakingWannaBe. We do live together and have done for the last couple of years. I’m currently updating my will as my situation was different when I did the last one x

OP posts:

frozendaisy · 02/04/2023 11:22

It's your house.
You pay for it.
What do you want to happen?

Personally I would make sure that it always remains the children's home. As in if you died whilst they were dependents (sorry I know it's Sunday morning and the thought of dying etc but you have to think about it). I presume they are his kids as well, that the house would then move into a trust for them as ownership or for their upkeep if both of you died and they needed to live with someone else.

What you don't want to happen is give house to him, you are dead, he might meet someone else they marry, your kids get nothing.

But assuming he is their dad and hasn't paid for this house he would agree the house is either yours (alive) or the kids house (dead).

If that is what you want.

Talk to your solicitor honestly and they will advise the legal correct way, that is their job. Tell solicitor exactly what you don't want to happen as much as what you do.

picklesy · 02/04/2023 12:16

Whatever you do, don't allow him to label his contributions as "mortgage" or even "bills" (might be perceived as to include mortgage). They needs to be rent, or utilities etc. This would give him a claim to the house.

If he directly contributes in monetary terms to the improvement of the house - such as renovating - he might also have a financial claim as he has arguably increased the value of the house. Furniture is different obviously as can just be given back to him should you split.

Just be very clear about what any contributions that he makes are for.

picklesy · 02/04/2023 12:19

Legally you can get him to sign away his interest in the house - I've done it myself in the past it's quite simple - but I'm not sure that this would stand if he is already living with you? I'm sure someone will be along with better advice (maybe also worth a post in the legal forum?)

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