Mortgage Paid, Partner Wants Rent

up for anything

I don't like the fact that he lied to you even if it was by omission about the mortgage. Not someone I'd be wanting to spend my life with.

mr_edge_to_you

Mug82 wrote: »

I've found out this week that he has no mortgage. It's all paid off. This didn't come from him but someone close to him.

Are you sure that he actually owns the house?

Seems odd after 18 months that you're not aware of each other's financial circumstances.

Halfprice

When he asked her move in should it not have been just left like that. See how things progress and if u both then feel this is right, this is what we both want and we know it will work then talk about finances? Joint saving or something?

SATSUMA

Im not sure why you wouldnt pay rent? Who lives rent free?

Pelvis

SATSUMA wrote: »

Im not sure why you wouldnt pay rent? Who lives rent free?

People who've paid off their mortgage.

PawneeRanger

Dixie Chick wrote: »

I did not look at it that way. I looked at it in that there were two people in a couple paying a rent/mortgage who could have both saved by moving in together. Then later the fact that there was no mortgage came to be known.

up for anything wrote: »

I don't like the fact that he lied to you even if it was by omission about the mortgage. Not someone I'd be wanting to spend my life with.

How is this a fact? She has not heard this from him. She has no idea what the 'facts' are.

Elessar

SarahMollie wrote: »

This subject is something I've looked into extensively, as myslef and my OH live in a property that I own (although with a mortgage).

There are a lot of misconceptions being thrown around on this thread.

1. Without children, you have to live together for 5 years before a party can make a claim against their (ex) partners property.
2. Being able to make a claim, doesn't mean that said claim is automatically granted.
3. Where this notion that a claim is automatically 50% comes from, I have no idea. It would be based on the contributions made by the various parties during the time spent living together. Contributions don't have to be rent, it can spend on any aspect of a couples lifestyle. If the person who doesnt own the property doesnt pay rent, but instead pays for all holidays, that is a contribution to a lifestyle that both parties have enjoyed and can be seen as a contribution. Arguement being that the owner of the house, even if they paid the mortgage etc, was enjoying a better lifestyle due to having two incomes in the house.
4. Charging rent and then declaring it a business relationship, does not shield the person who owns the property.
5. What the parties brought into the relationship at the beginning is relevant.
6. Case law in this area is limited, as the legislation has only been on the books for a few years, so nothing is really certain, specific scenarios are yet to be teased out.
7. A court would also look at both parties assets, so if the person who didnt own the home had accrued significant savings because they hadnt been paying rent/paying a lower rent than they would have on their own, then the home owner has a counter claim against that amount of money.

FWIW OP, this is how myself and himself worked it out.

- My mortgage payments x12
- Management fees
- Various Insurance premiums

I totaled this amount and divided it by 2. Thats what he pays me every month, and then I pay all of the above. I was really transparent with him about how I arrived at that number. He was happy as it was a good bit less than he'd previously been paying in rent, and it meant we both got to keep a similar amount in disposable income. We also both contribute to upkeep etc.

Obviously I've invested more into it than him, deposit etc but I wouldn't feel right about charging him more to recoup money that I'd already decided to spend myself. I'm happy that our day to day expenses are basically even.

Good post - also something that is not well known about the redress scheme for cohabiting couples is that your partner must also be financially dependant on you before they can make a valid claim. An other side of it though is that they cannot only claim against your property, if they satisfy the courts they can also claim maintenance orders, pension adjustment orders, attachment of earnings orders etc. And you don't even have to be married. Frightening stuff.

Anyway OP, it's all here, have a read it would be wise to know the ins and outs:

http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

Big Bag of Chips

Mod Note: As the OP hasn't been back since her first post we will lock the thread.

If you want further advice, mug82, contact a PI mod directly to have the thread reopened.