Riz Posted August 31, 2005 Report Share Posted August 31, 2005 Ive recently decided to offer my lady the chance to move in with me, not been with her long but due to circumstances it would help her and i really want to be with her. Shes going to be studying soon so it wont make any difference to the overall income, but that doesnt bother me aslong as i can support us both. (more to life than money) But i think my dad would be very worried and possibly angry if i just let her move in.... probably as it opens me up to all sorts of legal situations. i.e. what if it didnt work out.... what is she entitled to....etc. Any advice people? Riz Link to comment Share on other sites More sharing options...
UBM Posted August 31, 2005 Report Share Posted August 31, 2005 Yes - be careful. Thought about a pre-nup agreement? Link to comment Share on other sites More sharing options...
Riz Posted August 31, 2005 Author Report Share Posted August 31, 2005 [ QUOTE ] Yes - be careful. Thought about a pre-nup agreement? [/ QUOTE ]Yes i was thinking about it.... how simple is it to set one up? does it cost much? Anything that is different as its a leasehold apartment and not a house? Riz Link to comment Share on other sites More sharing options...
skifly Posted August 31, 2005 Report Share Posted August 31, 2005 i looked into this a while ago - stick her on a normal rental contract (presuming you own the place) even if it is for a tiny amount. I have a contract around here some place that my solicitor gave me when he dealt with my house. PM me some details and i will pop it across tomorrow afternoonish (after i pick up the toy!!) Link to comment Share on other sites More sharing options...
CabGirl Posted August 31, 2005 Report Share Posted August 31, 2005 [ QUOTE ] Thought about a pre-nup agreement? [/ QUOTE ] I didn't think pre-nup's were legal or binding in the UK. Link to comment Share on other sites More sharing options...
Ari Posted September 1, 2005 Report Share Posted September 1, 2005 There is an awful lot of myth and annecdotal "evidence" about common law wives and women being entitled to half cos they've lived there for 2 years etc. And it's all actually tosh, and the term "common law wife" is not actually a legal one, in other words in law there is no such thing. If she's not on the mortgage, and you're not married, she has about the same rights over your place as a lodger. Ie none at all. Indeed a lot of women (and men I guess) have found out the hard way after living with someone for many years, splitting up, and then finding that despite contributing to the household expenses, because they are not married and are not on the mortgage they are not entitled to anything at all. Speak to a solicitor for proper legal advice, but unless something radical has changed you should have no worries. Link to comment Share on other sites More sharing options...
Ari Posted September 1, 2005 Report Share Posted September 1, 2005 Here you go: http://www.divorce.co.uk/hottopics/articles/cohabitants.htm [ QUOTE ] The myth of the common law wife and Cohabitants beware: who will get the house if we split up? It is a widely held belief that there is such a thing as a common law wife or husband. In fact, since the Marriage Act of 1763, there has been no such thing in England and Wales. Whether you live with your "partner", "cohabitee", "live-in-lover", "domestic associate" or "current companion" in the eyes of the law there is no special relationship and you are not equivalent to a husband or wife. Even if a couple having been living together for several years and have children they are not regarded in law as common law husband and wife and if things do not work out a cohabitee will find that they do not have the same legal rights or safeguards as a husband or wife. However, the law is different north of the border. You may find yourself married under Scot's law even if you have not gone through a formal ceremony (for more information please refer to the legal section of this website under Scottish law). Some couples, who believe they married abroad, may discover that their marriage is not recognised in England and Wales, and as a result may find themselves in the same boat as cohabitants. Last year Jerry Hall found out, to her cost, that even though she went through a 6 hour elaborate Indonesian marriage ceremony on a beach in Bali she was not married to Mick Jagger because the Indonesian legalities had not been followed. As a result, under English law, Jerry Hall never became Mrs Jagger. [/ QUOTE ] [ QUOTE ] Why does it matter if there is no such thing as a common law wife ? It matters if the relationship breaks down and the couple need to reach a financial settlement, in particular over who is entitled to the house that they have been living in together ? If the couple are married the law will protect a married person's rights, but a cohabitee who has no legal interest in property in his or her own right may be left high and dry. [/ QUOTE ] [ QUOTE ] What might happen if a couple splits up? If the couple are married either the man or the woman has a right to ask for the following: 1 Maintenance: 2 A lump sum: 3 For property to be transferred into their name: 4 For property to be sold and the sale proceeds to be divided: 5 A variation of a settlement made in contemplation of marriage or after marriage: 6 Earmarking orders against pensions. In addition the law requires that all the relevant circumstances of the case should be taken into account when reaching a financial settlement. This is only a brief summary, for more information consult the legal section of this website and for legal advice about a particular case consult a solicitor. By contrast if the couple is not married neither the man nor the woman can make any claims for any of the above and there is no guarantee that all the relevant circumstances will be taken into account. In certain circumstances it may be possible for a parent to claim a lump sum, maintenance or property rights on behalf of a child who is living with them. [/ QUOTE ] Link to comment Share on other sites More sharing options...
Ari Posted September 1, 2005 Report Share Posted September 1, 2005 I should add that I am not a lawyer and people should take proper legal advice if this affects them, and not take advice from some bloke on a car forum! But I have looked into this in the past and it was the advice I got then, and according to recent articles I've read on the subject, nothing has changed. If anyone does enquire through proper legal channels (and as I say, if it is at all likely to affect them then they should, Riz), then please do let us know what you discover. Link to comment Share on other sites More sharing options...
Chav Posted September 1, 2005 Report Share Posted September 1, 2005 [ QUOTE ] There is an awful lot of myth and annecdotal "evidence" about common law wives and women being entitled to half cos they've lived there for 2 years etc. And it's all actually tosh, and the term "common law wife" is not actually a legal one, in other words in law there is no such thing. If she's not on the mortgage, and you're not married, she has about the same rights over your place as a lodger. Ie none at all. [/ QUOTE ] Yep, common law wife is a myth. She'd have to prove she contributed significantly to the mortgage on the understanding of some form of entitlement/part-ownership. Not an easy task. You'd have to prove nothing... You're the legal owner! Link to comment Share on other sites More sharing options...
Chav Posted September 1, 2005 Report Share Posted September 1, 2005 [ QUOTE ] I should add that I am not a lawyer and people should take proper legal advice if this affects them, and not take advice from some bloke on a car forum! [/ QUOTE ] Unfortunately, I've been there and got the t-shirt.... Legal advice I was given is exactly as I've said! All direct-debits are documentary evidence in your favour too. e.g. it shows you paying for the mortgage, not her! Link to comment Share on other sites More sharing options...
CarMad Posted September 1, 2005 Report Share Posted September 1, 2005 Yep all above is spot on. A friend at work had this problem so we all looked into it for him. Just pay everything yourself and get her to pay for food or something which can mount up. Then if she thinks she has any rights its very hard for her to prove that she has made any payments towards the relationship. Link to comment Share on other sites More sharing options...
Riz Posted September 1, 2005 Author Report Share Posted September 1, 2005 Thank you very much fellow forum members Riz Link to comment Share on other sites More sharing options...
hotdog Posted September 1, 2005 Report Share Posted September 1, 2005 And don't forget to christen every room Hope it goes well Link to comment Share on other sites More sharing options...
Jon Posted September 2, 2005 Report Share Posted September 2, 2005 All i will say is make sure you have receipts for EVERYTHING YOU buy for the house, make sure you have all bank statements showing what you have contributed etc. Never mention it. I really hope it works out well for you, however from past experience with my ex i paid for everything (stupid i know) but when we split up she was saying that she would go and see a solicitor. I said fine, i look forward to claiming what was *reasonable from you, ie rent, food, bedding etc. Needless to say she shut up and left the only things she had bought in 18 months, a cheap lamp and a set of bed covers. Jon. Link to comment Share on other sites More sharing options...
NewNiceMrMe Posted September 4, 2005 Report Share Posted September 4, 2005 [ QUOTE ] And don't forget to christen every room [/ QUOTE ] ..and the stairs. Oh hang on, it's a flat. Aw what the hell, do them too, just make sure it's ar a quiet time. Link to comment Share on other sites More sharing options...
Riz Posted September 4, 2005 Author Report Share Posted September 4, 2005 [ QUOTE ] [ QUOTE ] And don't forget to christen every room [/ QUOTE ] ..and the stairs. Oh hang on, it's a flat. Aw what the hell, do them too, just make sure it's ar a quiet time. [/ QUOTE ] Yes it is a flat but its a 2 floor jobbie! Things are on hold with the lady yet..... but ive got some nice info from the post. Once again, thank you. Riz Link to comment Share on other sites More sharing options...
hotdog Posted September 5, 2005 Report Share Posted September 5, 2005 [ QUOTE ] [ QUOTE ] And don't forget to christen every room [/ QUOTE ] ..and the stairs. Oh hang on, it's a flat. Aw what the hell, do them too, just make sure it's ar a quiet time. [/ QUOTE ] You know it makes sense Riz, sorry Neo!! Link to comment Share on other sites More sharing options...
schnapsnase Posted September 8, 2005 Report Share Posted September 8, 2005 If you have to go through all that to find out that what in fact you own now will stay remain yours after someone moves in, I would suggest dump her. Lets face it, you are so scared now, you will never marry her, so what chance do you have for a future when all she wants to do is crash at your place and you are engraving serial numbers on the couch. Dump her and be done with it. It is probably best in the long run, oh yeh, can I have her number when you have kicked her into touch, she is bound to be looking for a room by then...lol No really, to be honest, it is a pretty sad state of affairs when we have to worry so much about setting up home with someone. Don't forget to give me the gold diggers number though. Link to comment Share on other sites More sharing options...
Ari Posted September 8, 2005 Report Share Posted September 8, 2005 I'm afraid thats life these days mate, and Neo is entirely right to be concerned and to want to make sure he's not leaving himself wide open. Doesn't reflect at all on the state of his relationship, just shows he's using a bit of common sense. Link to comment Share on other sites More sharing options...
schnapsnase Posted September 10, 2005 Report Share Posted September 10, 2005 Then thank god I am old ,married and out of that game. mind you, second time married, 1st wife got nothing.!!! even if I were in the game again, not too sure that I would approach it all with such a stand off attitude. No risk,No fun. Link to comment Share on other sites More sharing options...
Ari Posted September 10, 2005 Report Share Posted September 10, 2005 Do let us know if you still feel the same way should your current missus leave you and take half your worldly wealth! Link to comment Share on other sites More sharing options...
schnapsnase Posted September 10, 2005 Report Share Posted September 10, 2005 just let the bitch try it.. Link to comment Share on other sites More sharing options...
schnapsnase Posted September 10, 2005 Report Share Posted September 10, 2005 But of course I love her dearly..... Link to comment Share on other sites More sharing options...
Ari Posted September 10, 2005 Report Share Posted September 10, 2005 But of course! Link to comment Share on other sites More sharing options...
Jon Posted September 19, 2005 Report Share Posted September 19, 2005 Like they say, save yourself the hassle. Find a woman who you really hate and give her 75% of what you have. Jon. Link to comment Share on other sites More sharing options...
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