Protection for my daughter

[Mark041067]

Hi folks. My daughter, is single and fortunate enough to own her own house, with a mortgage. She has a small mortgage, and quite a bit of equity. She is in a relationship with a partner, who appears to be a very nice chap and lives with his parents. My concern is that in time, he is likely to move in with her, and would need to contribute in some way towards bills, which is fine, but my concern is, should the relationship fail, that he then lays claim to wanting a portion of the equity in the house or some of the assets. What advice (legal or otherwise), could you give for her to mitigate in losing so much of what she has worked hard for?

[echat11]

Posted for information only - https://www.elitelawsolicitors.co.uk...20in%20divorce.

[sandfordboy]

So just to clarify... what has the other party brought ££ financially to the relationship ??

[echat11]

Celestine Can you please take a look, thank you.

[islandgirl]

So many of us are "in this boat" - how to protect property owned by our offspring from partners when they cease to be partners....

[atticus]

There comes a time when you have to let go and leave your offspring to get on with things.

[islandgirl]

Agreed but when you have provided a lot of the funds through your own hard work you do not want to gift it to someone who has made no contribution!

[Mark041067]

There comes a time when you have to let go and leave your offspring to get on with things.

Mmmmm. Your response isn't very helpful. In other words do nothing. I am looking for advice that I can pass on to her that mitigates any exposure or risk of losing the roof over her head, due to a failed relationship. If your advice on an advice forum is to do nothing, you may want to consider if you are on the right forum.

[Mark041067]

Posted for information only - https://www.elitelawsolicitors.co.uk...20in%20divorce.

They are not looking to get married. They haven't even started living together, yet.

[Mark041067]

So just to clarify... what has the other party brought ££ financially to the relationship ??

Nothing yet. As he hasn't moved in. But he will bring a few furnishings and clothes and some electrical goods. I'm thinking a few months down the line, when he contributes towards the household bills.

[atticus]

Look at pre-nups. Do some thing similar as a pre-moving-in-together.

[Pezza54]

Please read "Unmarried Couples Rights" at www.wildings-solicitors.co.uk
The article covers what a partner who is not married or in a civil partnership is not entitled to
It does mention that unmarried partners should consider making a Cohabitation Agreement

[Pezza54]

For a more detailed read, there is an article titled "The Legal Rights of Unmarried Partners in Property Disputes" at www.familydivorcelawyer.co.uk
Gaining beneficial ownership as opposed to legal ownership, the creation of a constructive trust, two important legal cases (2007 and 2011) regarding constructive trusts, are covered in the article

In Stack v Dowden (2007) the Supreme Court ruled that the starting point for joint legal ownership is that both parties hold equal beneficial interest unless there is evidence to the contrary

IMO if your daughter lets her partner move in, she should strongly consider protecting her legal ownership of her property under a Cohabitation Agreement