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I live in the UK. Own my house outright (no mortgage) If I met a man I loved and moved him into the house, can he try and claim half of it after a certain amount of time? (I would be sure that he didn't offer to pay for an extension/conservatory. ) The bills would be in my name, etc. And I could prove that I bought it!
It is registered with the Land Registry in my sole name, and I would never allow anybody to take loans out against my property.
I would hate to think that somebody could just walk in and decide to take me for everything I own!

2006-08-23 12:24:52 · 11 answers · asked by JustineTime 4 in Politics & Government Law & Ethics

11 answers

as far as i am aware you are pretty secure,if he supported you whilst you paid the mortgage then that would be another matter,with no history of provision and the house registration in your name before he came to live with you then i believe you are ok, my advice would be to see a solicitor to get an expert opinion,citizens advice offer a free service from a solicitor,if you dont fancy that route then draw up a document that states what each brings to the partnership and secure yourself that way ,regards LF

2006-08-23 12:34:44 · answer #1 · answered by lefang 5 · 0 0

You will be safe, since to prove any share, he will have to prove intention to share from you, but since you have legal title, it protects you from the entire world, a loan cannot be secured unless you consent any how.

If for example, he starts paying for part of the mortgage, over time, normally these disputes end up in court.

See the judgement in Oxley v Hiscox its a 2004 house of lords judgement, you will get an idea of how the law of constructive trusts work, its a lengthy read, so try and find some case commentary.

The only way to declare an interest in your property, is by registering a notice/or unilateral notice on the charges register, but you can easily remove this if its baseless.

Be aware that, constructive trusts laws are always evolving, so you should discuss this aspect even though it may be a very sobering discussion.

2006-08-24 01:11:31 · answer #2 · answered by logicalawyer 3 · 0 0

I've always had the same concerns (hence why i only date guys who also have their own property). The one way to guarantee against this is to make the person sign a document drawn up by a solicitor, but most people would not be brave enough to ask their partner to do this ( I would!).

Based on the experiences of people i know, the only situations where people have the problem you describe is where they allow someone to help pay the mortgage or are married. IF someone just lives there and even if THEY DO help pay the bills, they cannot lay claim.

2006-08-23 12:43:28 · answer #3 · answered by Donna : 4 · 0 0

If the laws are like in the US, then probably not. What someone can do is sue you for a divorce or palimony settlement and be awarded a sum that would force you to sell the house. There are a lot of little factors to consider here, like wrongdoing and relative incomes and abilities.

Best bet is to get a prenuptual agreement if you think this will be an issue.

2006-08-23 12:31:38 · answer #4 · answered by Catspaw 6 · 0 0

I think after a certain amount of time it becomes common law but I'm not sure what he would be entitled to exactly get legal advise from citizens advice bureau coz you dont have to pay

2006-08-23 12:31:18 · answer #5 · answered by Anonymous · 0 0

the 3 stooges did 3 ways

2006-08-23 12:57:34 · answer #6 · answered by mike L 4 · 0 0

the best sugestion i could make would be to talk to a soliditor and get something drawn up but explain to the chap, when the time comes, in the nicest possible way why you would feel the need to do this...

2006-08-23 12:29:10 · answer #7 · answered by Anonymous · 0 0

I think you need some sort of legal advice. I am not sure if it still exists but isn't there something about common-law-husband/wife. I would seriously get legal advice and get something drawn up. It may sound cold but you don't know what the future holds. Please please sort something out. Best of luck to you!

JJ

2006-08-23 12:34:11 · answer #8 · answered by Anonymous · 0 0

I was going to give you a really long answer but I've found a web that explains it better! Good luck.

2006-08-23 12:36:34 · answer #9 · answered by sammydog_uk 2 · 0 0

He can't get your house,because it's not registered in his name and you're not married to him.

2006-08-23 12:41:31 · answer #10 · answered by Anonymous · 0 0

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