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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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How can I secure my house so that my partner and/or his ex

Resolved Question:

How can I secure my house so that my partner and/or his ex partner have no claim on it or any of my property
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about your situation and what concerns you need to have addressed?
Clare
Customer: replied 3 years ago.

My partner and I have been living together for 2 years and nearly 1 year ago moved into my house which is mortgaged in my name only. His previous partner is refusing to settle their finances and I am concerned that she might have a claim on my property.

I also want to secure my property so that my partner has no claim on it also.

Expert:  Clare replied 3 years ago.
Hi
Does he make any financial contribution to the mortgage - or any alterations or improvements to the property?
Was he married to his ex?
Clare
Customer: replied 3 years ago.

Hi Clare

He pays me an amount each month as "rent" and to cover his half of the utility bills etc. I haven't set up a formal rent book or anything in writing. He hasn't paid for any alternations or improvements to the property - I have paid or am paying for those. I pay the mortgage each month from my personal bank account by Direct Debit.

 

He wasn't married to his ex but they lived together for 12 years, although she is now claiming they weren't together for the full 12 years as she is trying to block his claim to half the property they had which was in her name but he paid for building and the mortgage, (but gave her the cash to do that). I don't want to end up in the same situation and don't want to lose my house which I have been in for several years on my own and have always paid for solely.

Expert:  Clare replied 3 years ago.
Hi
And was he ever married to his ex?
Clare
Customer: replied 3 years ago.

No he was never married to his ex.

Expert:  Clare replied 3 years ago.
Hi
The first point to make is that his ex partner can have no claim or interest in your property on any event.
With regard to your partner provided he is paying no more than the average rent for the area and he does not pay for any alterations or improvements to the property then so long as you remain unmarried he will have no financial claim on it.
If you wish to be certain of this then you should have a Cohabitation Agreement drawn up setting out clearly who owns what and how finances would be divided in the event of separation
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Should I get a formal rent book set up and state what his payments are to cover?


Are there any circumstances at all where his ex partner might have a claim or interest in my property?

Expert:  Clare replied 3 years ago.
Hi
No a formal rent book is neither necessary not useful - if you are concerned then a simple Cohabitation agreement would be better
She can never have a claim on your property - indeed she has little claim on anything she did not own jointly with your ex
Ckare
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