What rights does partner have to my home?
What is partners rights to my home?
Looking for understanding of a hypothetical but possible future situation. I live in Scotland, incase this changes things.
I own a house, it’s fully in my name and I paid £60k deposit of my own money towards it. The house was £210k, so the mortgage was £150k.
If my partner (not married but father of my children) were to live with me and pay half of the mortgage each month, and he did this for a few years, what rights would he have if we later broke up?
Additional info, he owns a flat in his own name which he rents out. But he might be selling this. So I’m not sure if him owning a property/ not owning a property himself, makes a difference to his rights or not? If so would like both options considered when answering if possible.
Questions I have are these…
- Would he have any rights to get me to sell the house so he can take a cut? Or could I keep the house as long as I wanted because it’s in my name?
- Would he actually have any entitlement to anything? With his name not being on the mortgage?
- If he is entitled to something, what exactly? Half of what’s been paid off of the mortgage over the years he was living there? Would he be entitled to any of the deposit?
- What if the house had increased/ decreased in value? If increased, would he be entitled to a share of this profit? If decreased, would he lose out too?
- Would the amount of money he/ we put into DIY be considered?
- What about selling fees? Would they be considered first before he gets his ‘fair share?’ (If he is entitled to anything?)
Ultimately, I’m not the type of person that could fuck him over. I have my idea of what I believe to be fair, and that it that I would first get my £60k deposit. If the house has decreased enough in value that I got back less than £60k, it would all be mine. Ideally though the house will have increased + we will have paid off some of the mortgage so I can’t image that would happen. So £60k deposit back to me. Then the fee’s I initially paid to get the house in the first place by selling my old house etc (approx £5k). Then obviously the fees to sell the property (because we would only be in this situation if we were selling). And THEN anything else is split 50/50 between us both. This is what I think is fair but I would like to know what legalities there are around it, as I don’t want to end up losing my £60k that was given to me by grandparents.
For context my ex will be moving in soon on a temporary basis. There’s no intention of us getting back together, but I guess there’s always a chance of it happening. If it does I’d like to understand my risks etc if he ends up being there for a few years and the things don’t work out. If we think about this as a new house though that he’s been paying towards from the start as I’m looking to move and that would be the likely situation.
Posted Nov 2, 2023, 1:25 AM UTC