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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 4791
Experience:  Director and Principal Solicitor. UK
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I am buying a house and I will be the sole owner on title

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I am buying a house and I will be the sole owner on title deeds with a mortgage .my partner is moving in and will be paying me money towards bills like “rent”. How do I protect myself if I can’t afford a cohabitation agreement-what about a declaration of trust to say she has no claim? Thanks

Good morning. Welcome to just answer. I am a solicitor in England and Wales and reviewing your question now.

Hi if you are not going to be married she will not automatically have a claim to your house. A cohabitation agreement is the best option and it would not cost you much if that is all you want to cover. You can contact clerksroom.com to get an affordable solicitor to draft the agreement for you. If you need clarification please do not hesitate to send your follow up message. All the best

Customer: replied 6 days ago.
She won’t sign a cohabitation agreement and will only sign a declaration of trust .can I use this ? I don’t understand the point about not going to be married as she can claim an interest in my house via her contribution towards bills

Hi, to prove beneficial interest is not as straightforward as it may seem especially where the contribution is not towards the purchase of the property. You will need to have given her some sort of representation, assurance, or encouragement that if she paid towards outgoings such as utility bills, food or holidays for example they would receive a beneficial interest in the property. There is really no legal requirement to sign anything, beneficial interest can be implied and yes you can sign a declaration trust if that is what she wishes.

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