Does anybody know what the law says regarding my bird moving into my house if it all goes tits up. I have owned my house for nearly 4 years, its in a nice area etc etc.
I would like my bird and her 2 kids to live with me as her tenancy agreement is up for renewal soon, and i have a 3 bed house going to waste that is ideal for all of us.
Obviously the mortgage is in my name, and i will be getting money from her towards the house, but what rights does she have as someone who lives here?
If it goes tits up, does she have any claim to the house, or can i just boot her out, as i'm fooked if i'm letting her get fook all.
I know it sounds as if i'm being a coont here, but i don't want to end up with her getting the house IF we split up.

 

Someone will correct me on this but i believe that after 2 years that she will have some rights but i could not clarify exactly what. might be worth chatting with CAB.

 

My mate got a prenup type thing done saying she gets fook all.....

 

As I understand it the 'common law wife' thing is a load of bolox but best to check with a solicitor imho

 

no such thing as common law wife


but if she contributes to the mortgage/bills then she contributes to household and therefore has some legal rights to it, were she to be that nasty......only on the value it gains from the time she starts contributing

I've been there, done it and got the tshirt

best thing to do is keep all bills/mortgage etc in your name and just charge her rent. Draw up a simple agreement and both sign it......if you really want to protect yourself then get a bog standard agreement online or from a local solicitor dirt cheap.

 

im sure her share of the costs during her time there can be offset as rent and not entitle her to a share of your house as long as its all in your name. if she starts asking for joint accounts,utilities in her name and remortgages start worrying.

 

If you go down the root of "charging her rent" it has to be done by the book and you'll have to be able to prove she was "renting", otherwise its classed as contributing which means she is entitled to some of the house.

 

she's entitled to half the increase in value of the property from the time she moves in! so get the house valued before she moves in then if you split give her half the differance of the properties value. Thats what a good freind of mine found out when he first got divorced and then ifuriated he second wife when she thought she could get half his house when they divorced and was told by her own solicitor that he was correct with his offer of just a few thousand and not the tens of thousands she was expecting to take him for!

 

[QUOTE=Mondeo Man;4356754]no such thing as common law wife


Like I said its a load of bolox!

 

Spot on!!!......

Ive had the T-Shirt too

 

perhaps scotland was different and has helped cause the commom law idea to take hold down south?

 

AS ABOVE, no such thing as commonlaw ,they are only entitled any thing they have contributed

 

just dont do it lol

 

just checked ! seems there is a difference in scottish law

 

according to the quote i posted above it changed in 2006. i dont know if its true or not though.

 

Should have moved her in 2 years ago and booted her out now, she would have owed you money due to the drop in house values, lol

 

PS

I assume you are aware all her benefits etc will get judged off of your wage if you are living together?

 

wont her having kids fuck things up??? ie you might be forced to move out if it goes tits up and gets nasty as the priority in any legal case is interests of kids. sure she wont own house but she will be entitled to reasonable notice to find alternative accommodation as i doubt you could throw kids on the street (yours or not).

 

Thanks for the replies everyone. I have spoken to her about it and she just wants to pay the bills and buy the food etc., as i am giving her a nice house and ideal place for her 6 & 7 year old daughters to grow up in.
None of this joint accounts bollocks, so everything will still be in my name.
As i said originally, i DO want her to move in, but i didn't want to end up being a tony@turbosystems!
Also, if it goes tits up, she can fuck off to her mothers with the kids, she has plenty of room.

 

just take cash off her for food even it the food bill is Ł400 take Ł600 and say its for food so that way she not paying anything towards bills/house, and just make sure its cash no trace

 

My understanding from people I know who have been burnt is that she should pay towards food only and that it should be in cash.

No bills or credit agreements or similar in her name at your house.

She should understand you wanting to protect yourself.... I've met birds who dont.

 

Agreed, get her to pay you in cash and sexual favours, not into a bank account.

Hope it works out so well that in 10 years time you are still with her!

 

does she work and pay from her own pocket or is getting her rent paid thru the council?

 

A lot of woman dont understand the concept that most people dont suddenly fall in romantic love and live happily ever after and as such would be offended that you would not trust them. Try explaining that its not about trust but about future security just makes it worse....

oh and the same woman banging on about trust and thinking love is forever etc are usually the ones who go psycho when you split up and turn into money grabbing bitches solely out to cause as much pain and get as much money as possible.

funny that

 

LOL - I obviously couldn't confirm or deny your opinion, but sounds about right to me.

 

If she really thinks she will be with you forever, then it should be of no consequence to her if she gets nothing if you split up, as surely she doesnt believe it will ever happen.

 

this is totally correct & about as far as us blokes are gonna get to try an understand the female way of thinking, i know badly how this can effect blokes after loosing one of my flats to an ex

 

You dont sound very confident asking this before shes moved in?! LOL

 

If she's been helping paying your Mortgage then she could pretty much fuck you for the house. Your best bet would be to continue paying the Mortgage yourself and have her buy the household stuff.

My mate lost his house because she was paying the Mortgage with him and 3 years later, the court gave her full possession.

 

pardeep how did she get FULL possession and not just half proceeds from sale when she blatently didnt own the house only a portion of it??? kids involved?

 

Kid Involved

 

i got stiched up with this a few years ago split up with the x after three years she got half of everything cause of that common law crap appartly after 6 months is can be classed as. That was in scotland maybe diffrent in england

 

Brigsy - I don't know the law on it mate, but you could do a LOT worse than speak to CAB or a solicitor if someone in your family has one as a friend etc, just to be SURE! I'm sure people on here know what they are talking about, but if it does go tits up and you have to go to court, saying "I was told on Passionford..." just isn't going to cut it

Secondly, whe nit comes to something like this, I honestly would go for a pre-nup type set up. I know it sounds insensitive, and to women I can see how it looks like you might not have every intention of staying with them forever, but relationships and marriages these days do break up very often, and my advice is better to be safe than sorry!!!!

 

How hard would it be to kick her out and claim you don't know her? LOL!

Benni.

 

When she shows picture of you together and snogging

 

on a similar subject did anyone watch 'the life and death of Peter Sellers'
he had 2 kids by his first wife, 1 kid by his second wife, he was on his 4th wife & apparently getting divorced from her when he died, out of his millions his 3 kids got around Ł800 each, the 4th wife got the rest, she was married twice more & had a daughter, she then drunk herself to death & the daughter who was born some 15 years after Sellers death inherited all the money, his own kids never saw anymore of it...

i thought that was pretty shitty, mainly on his part for not thinking of his kids.

 

In the same boat as you 6 months ago when my missus moved in. When I bought the house (in my name, my money, deposit, mortgage etc) I seeked advise from my solicitor. I was advised that so long as she doesnt pay anything towards the mortgage or anything that would increase the value of the property (ie - new kitchen, block paved drive, windows etc) then she cannot claim anything. Bills, food etc does not give her any rights to the property. I did however get the solicitor / lender to write up a small contract that she signed advising that she had no financial interest in the property.

Not sure if this differs as she has kids though so best check that!!

Chris

 

I had a Pre-Nup agreed when the Mrs and I First moved in as i fronted a large deposit for the house,so wanted to cover my arse incase it all went wrong.

 

I was told by a solicitor that the common law thing came into effect after 6 months of cohabitating regardless of who contributes what. Saying that though it was over 10 years ago so it looks like its all changed.

I'm not sure if it does or doesnt matter whos name the bills are in now but either way it wont cost much to get a prenuptual drawn up at a solicitors. As already said it shouldn't make a sods worth of difference to her as if it does she wont be able to see the relationship lasting and is also a greedy bitch. She has nothing to lose, you have everything to lose. If you stay together then the prenup doesnt even come into play.

 

a friend of mine had his girlfriend move in. she didn't work. she was there for maybe 4 years..... the house went up about 20 grand in this time. she had paid NOTHING. no food. no rent. she was a student. she wanted half of the 20 grand increase... and she got it!