Single mortgage but partner living in the house

Mrs OBumble

Mrs OBumble wrote: »

You have no idea of her age or childbearing status.

If I buy a house, it will be on the same basis the OP is considering, because my partner has very limited earning capacity: if he wasn't living with me he would be getting a nice chunk off welfare every week.

Wanting my assets to go to my neices and nephews when I die isn't selfish, it's realistic: my partner would simply drink them.

But she plans on buying with her partner within 5 years, so none of those issues for her.

Nozebleed

Mrs OBumble wrote: »

You have no idea of her age or childbearing status.

If I buy a house, it will be on the same basis the OP is considering, because my partner has very limited earning capacity: if he wasn't living with me he would be getting a nice chunk off welfare every week.

Wanting my assets to go to my neices and nephews when I die isn't selfish, it's realistic: my partner would simply drink them.

not sure why your brining up your personal life..but maybe you should talk to your partner about his drinking problem..or maybe dont...i know of a guy who started to drink heavily because his partner continuously mad him feel undervalued. it destroyed their relationship.

ebayissues

https://www.boards.ie/vbulletin/showthread.php?t=2058144543

Mrs OBumble

Nozebleed wrote: »

not sure why your brining up your personal life..but maybe you should talk to your partner about his drinking problem..or maybe dont...i know of a guy who started to drink heavily because his partner continuously mad him feel undervalued. it destroyed their relationship.

This thread isn't about me. But everyone has different circumstances. We cannot assume anything about the OPs situation - including that her partner will be able to contribute and therefore be entitle to anything if there's a breakup.

CosmicFool

Can you afford to pay the mortgage yourself? Get your partner to put the rent money into a completely different account and not an account that you will be paying the mortgage from. Use this account then for purchases other than the mortgage ie. Holidays etc

CollyFlower

It seems very complicated to have your partner moving in if things go tits-up. Just live on your own for now.. Avail of the rent a room scheam.. Then when you're ready to buy together go for it..

dubrov

I'm fairness, relationship commitment normally comes in stages. These days most people don't want to commit to marriage until they have lived with someone.

Why should committing to living together automatically mean sharing of all assets?

dubrov

dubrov wrote: »

I'm fairness, relationship commitment normally comes in stages. These days most people don't want to commit to marriage until they have lived with someone.

Why should committing to living together automatically mean sharing of all assets?

It doesn't have to, but in this case, they already live together and plan to buy a house together within 5 years, so wouldn't it make sense to just wait?

dubrov

bubblypop wrote:

It doesn't have to, but in this case, they already live together and plan to buy a house together within 5 years, so wouldn't it make sense to just wait?

There are likely considerable savings moving in together. They could be saving over 1000 per month which adds up to quite a bit over 5 years

Yourmama

It's an interesting topic, so my take here is that after certain time contract has zero bearing. If I'm renting a room to a stranger for 5 years, they can claim a share of my house? Or, if it was a relationship indeed, can I say it was nothing beyond friends and you can't have a share, considering there was a contract and "rent" paid?

Emma2019

dubrov wrote: »

I'm fairness, relationship commitment normally comes in stages. These days most people don't want to commit to marriage until they have lived with someone.

Why should committing to living together automatically mean sharing of all assets?

Pretty much this. We live together but aren't at the buying a house together stage. We may be in the future, but relationships don't always work out, it would be naive to think they do.

Waiting to buy a house would be a significant cost given the rental market at the moment and the impact of having to get a shorter mortgage based on my age etc. It would literally make no sense to wait on the basis of the chance the relationship will work out, even though we both think it will.

So given that I am buying a house, we both just want to be prudent even though the idea that one of us would try and go after the assets of another is completely alien and beyond unlikely.

Maybe the mods would like to lock this thread as it's gone very off topic with both reflections on my relationship and incorrect legal advice. I'll just double check things with my solicitor.

Thanks all.

witchgirl26

Nozebleed wrote: »

all im saying is..if the OP finds the idea of having to share an asset such as a house with her partner some time down the line, how does someone thinking along these lines consider sharing a child!! should they have children..and seperate. just break up now..

That is over simplfying things to a massive extent. My partner bought a house when we were living together and I wasn't involved in the purchase (on the mortgage or deeds). Less than 5 years later, we did buy a house together and we are happy with a child. The reason for the first house purchase without me was that I did not have enough savings behind me to contribute to the purchase and would have been considered a "burden" per the bank and therefore reduce the amount my partner could get. It made much more sense for him to buy as an individual. And yes, as such you have to plan for all potential future events such as the possibility that the relationship will break down and you will have to deal with the issues around the house. It's being quite smart. Plan for it, but hoping that it doesn't happen. My brother & sister in law did the same when buying a house together before they were married - solicitor advised them to draw up agreements in relation to what would happen should they split. They never needed it but it was there in case.

Anyway, OP as others have said, your partner would have some rights over the house if they are paying rent which then goes towards the mortgage. It also is that you can't just kick them out (if you do break up) but that they are granted reasonable time to find a new place to live. Additionally my understanding is that you can't claim the rent a room relief if you are in a relationship with the person who is paying in the money.

The bank may ask if you are in a relationship and if so, how long are you together & if you are living together. This happened to my partner and we had been living together for 2 years at that point. The bank just wanted to verify who might have an interest in the property. I filled out a form that stated my income etc and that was it. And the 5 years is from when you start living together, not when you are just a couple.

Emma2019

Just to clarify, the exclusions from rent a room relief would only apply to

- Your child or civil partner
- An Employer
- Short term guests (Air BnB etc)

So rent a room relief will be fine in our case.

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/land-and-property/rent-a-room-relief/what-conditions-must-be-met.aspx

Eric Cartman

Is there any way to ensure a partner can make no claim. Is there any way to maintain complete ownership of your assets for life (no kids involved obviously) beyond staying single.

ELM327

Eric Cartman wrote: »

Is there any way to ensure a partner can make no claim. Is there any way to maintain complete ownership of your assets for life (no kids involved obviously) beyond staying single.

No.


Welcome to big government.

Eric Cartman

Eric Cartman wrote: »

Is there any way to ensure a partner can make no claim. Is there any way to maintain complete ownership of your assets for life (no kids involved obviously) beyond staying single.

Don't cohabitate.

One of my brother's and his girlfriend have been together for 15+ years, but have never lived together.

Her properties (she has more than one) are willed to her nieces, and his is willed to his children by a former relationship.

It works for them, and they're very happy.

witchgirl26

Emma2019 wrote: »

Just to clarify, the exclusions from rent a room relief would only apply to

- Your child or civil partner
- An Employer
- Short term guests (Air BnB etc)

So rent a room relief will be fine in our case.

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/land-and-property/rent-a-room-relief/what-conditions-must-be-met.aspx

Ah fair enough. I haven't looked at that element for a long while now.

Emma2019

Eric Cartman wrote: »

Is there any way to ensure a partner can make no claim. Is there any way to maintain complete ownership of your assets for life (no kids involved obviously) beyond staying single.

Yes there is.

Per the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Section 202), a cohabitation agreement protects the assets from any order being made for access to the assets by a cohabitant. The order is binding once both parties have separate legal advice before signing.

The agreement can only be set aside where the courts feel it would do a "serious injustice".

In general getting access to your assets only happens where the cohabitant is financially dependent on you (assuming no kids). If you both have jobs you can live off there should never be an issue.

Source: http://www.irishstatutebook.ie/eli/2010/act/24/section/202/enacted/en/html#sec202

Eric Cartman

Emma2019 wrote: »

Yes there is.

Per the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (Section 202), a cohabitation agreement protects the assets from any order being made for access to the assets by a cohabitant. The order is binding once both parties have separate legal advice before signing.

The agreement can only be set aside where the courts feel it would do a "serious injustice".

In general getting access to your assets only happens where the cohabitant is financially dependent on you (assuming no kids). If you both have jobs you can live off there should never be an issue.

Source: http://www.irishstatutebook.ie/eli/2010/act/24/section/202/enacted/en/html#sec202

This is the quandary though, lets say you, a lad inherrit your fathers business and land , lets say at a nominal 2 million quid, youre co habiting with a woman who just happens to leave her job, you dont realise whats up and 6 months down the line shes been living off you, you tell her she’s gone and there you are in court ‘ your honour, he was supporting my life and i have nothing he has 2 million quid of assets and a thriving business’ , i doubt you’d find a judge in the land that would listen to any signed order and rightly tell her to jog on with nothing.

Emma2019

She would have to be financially dependent on you, not just "left her job for a bit"

The right to sign the agreement is enshrined in the actual legislation. Judge's can't ignore legislation, they can only make judgements on the intent of the legislation and the circumstances of the case. If she had separate legal advice and still signed the agreement, she will be held to it regardless of her circumstances, unless it would cause serious injustice.

Eric Cartman

Emma2019 wrote: »

She would have to be financially dependent on you, not just "left her job for a bit"

The right to sign the agreement is enshrined in the actual legislation. Judge's can't ignore legislation, they can only make judgements on the intent of the legislation and the circumstances of the case. If she had separate legal advice and still signed the agreement, she will be held to it regardless of her circumstances, unless it would cause serious injustice.

Its the ‘serious injustice’ where the problem lies, who decides that, is there guidelines for it.