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Can new partner have any claim on my house?

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29 Sep 15 #467413 by Action
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My new partner is in the process of moving in with me. I am nearly 59, I split from my husband 5 years ago and having been seeing the new man for nearly two years so I''ve not exactly rushed into it and I feel that the clock is ticking for finding a new life. I own my house and don''t have a mortgage. He is moving from rented and has no assets as such.

I had lunch with a friend today who said I need to be careful as the law has changed about home rights and that he could make a claim on my house if anything went wrong.

I''m hoping this isn''t true and it''s a case of taking out what you put in. Can someone put my mind at rest please and let me know if there is anything I need to do to protect myself.

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29 Sep 15 #467423 by naziam
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Are you married as if your not then there is no claim he can make as you are just cohabiting. People have tried to get property from cohabiting but generally it''s where they have some beneficial interest or the owner has made some statement such as they should consider that they own half but as far as I know you will be fine.

If you get married or have already married then he already has some type of claim probably not much on your property whether he moves in or not.

There are rumblings of there being rights for cohabiters'' in future in Australia it''s two years and I suspect if it is introduced then it would be back dated so if this is a concern for you then you maybe want to check if things have changed periodically.

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29 Sep 15 #467426 by Fiona
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There hasn''t been any change yet. The Cohabitants Bill 2015 has had a first reading in the House of Lords. Once it has progressed through the Lords and Parliament it would need to receive the Royal Assent before coming into law, which it may never do. In the meantime it may be worth considering a cohabitation agreement.

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29 Sep 15 #467429 by Action
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Thanks, no, we''re not married. My friend has lived in the Uk for many years but is Australian so that may be where she''s got the idea from.

Fiona - I''ve never heard of a cohabitation agreement - is this something a family lawyer could draw up? Any idea what it would cost?

My new man is the most generous and caring person I have ever met and I really cannot see there being a problem. He knows that I want to protect my assets for my children, when I die. Having said that, divorce has taught me that I need to make plans for the worst case scenario. I should have asked this question a few months ago as it potentially might ''spoil the moment''.

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30 Sep 15 #467441 by .Charles
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The cohabitation agreement or ''living together agreement'' as it is sometimes called can be drafted by a family lawyer. The principles are fairly straightforward and could cost £500 or so.

Charles

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30 Sep 15 #467444 by Clawed
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My new man has just moved in, my stbx ended the marriage a year ago and the divorce isn''t Absolute yet but I will end up with the house paid for and in my name so my beloved also moving from rented (with nothing but a smelly dog and a guitar) wanted to be sure that he could contribute to expenses without it being seen as staking a claim on my house so we made a living together agreement

www.advicenow.org.uk/guides/make-living-together-agreement

We had to adjust it a bit for our more mature circumstances - at 55 there aren''t going to be any children! We haven''t had it drafted by a solicitor yet as I am waiting for the absolute in case that changes anything but it was very useful as a tool for discussion, raised some things I hadn''t considered like how long he can stay if I die and we have the signed original just in case it all goes pear shaped.

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30 Sep 15 #467455 by Action
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Thank you Clawed. I think that will be sufficient for us. I love this site!

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