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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 10850
Experience:  I have been practising for 30 years.
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My son has his own flat with a mortgage. His girlfriend with

Customer Question

My son has his own flat with a mortgage. His girlfriend with her daughter are going to move in. Should he have a contract drawn up so she is paying rent and has no claim to the property if the relationship fails?
Submitted: 5 months ago.
Category: Family Law
Expert:  F E Smith replied 5 months ago.

Hello for clarification - how long have they been together?

do you know if she is paying towards any bills etc?

Customer: replied 5 months ago.
she has not moved in yet.
Customer: replied 5 months ago.
They have been together for a year . She is renting elsewhere.
Customer: replied 5 months ago.
Are you there?
Customer: replied 5 months ago.
Hello? I have paid £26! Can you answer my question? Thanks
Customer: replied 5 months ago.
Have I been scammed?
Customer: replied 5 months ago.
OK I'm going to get my money back.
Expert:  F E Smith replied 5 months ago.

I assure you, you have not been scammed. It is not a chat service but an email forum board.

Sometimes there may be a delay getting back to you because we have clients and travelling and weekends and other users.

In order for the girlfriend not to have any claim on the house, it is essential that she pays nothing whatsoever except food although even that is an indirect contribution.

A cohabitation agreement is absolutely essential whereby she agrees that she moves into the property, doesn’t contribute towards it, but then again has no claim on it, and it is also essential that she takes legal advice on the effect of the agreement. It’s not sufficient to say that she has been advised to take legal advice and doesn’t want to, she must take that advice and must get it in writing and it must be from a high street solicitor. It would not be sufficient for that advice to come from this website, even though the advice would ultimately be the same.

The potential problem is that she has a child and if she refuses to move out, courts are reluctant to make children homeless so although she may not have a financial claim on the property, if he has been treating the child as a child of the relationship, he can end up being stuck with it.