Treating a girlfriend as a tenant
Submitted by top_cat on Thu, 09/09/2010 - 13:24
Hi there,
Consider a situation. Distant friends meet up and start a relationship. He’s concerned that she may be after his money. If she moves in would a signed tenancy agreement for say a nominal rent of £1 per month (which would never be collected) circumvent any future claims on his wealth should they split up years later assuming they never married?
Best wishes
TC
The tenancy agreement you
The tenancy agreement you suggest would not circumvent any future claims. To have an effective tenancy agreement exclusive possession of a property must be granted and all relevant legislation complied with. She would not have any future claims on his wealth generally but it all depends upon the circumstances in the future. For example, if they were to have children together, she became financially dependent upon him or she made a substantial financial contribution to his property i.e. pay for a conservatory then she may have a claim.
Hope this helps
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I agree with Linda. A tenancy
I agree with Linda.
A tenancy agreement is not going to be effective in these circumstances.
Cohabitants can aquire rights to a share in their partner's property in simple terms by agreement,contribution to the aquisition of assets or reliance on assurances.
A properly drawn cohabitation agreement in which both parties agree not to claim on the other would appear to be what is needed here.
It is also worth pointing out
It is also worth pointing out that the concept of a "common law wife or "common law husband" is not currently recognised in English law.
That is to say if a woman moves into man's house, lives with him for 20 years and then the man dies, she does not automatically inherit his house because she is his "common law wife" and has lived with him for twenty years.
By moving into this property the woman wouldn't automatically have a claim of the man's assets. The best way to deal with the situation would be to pay for a professionaly drafted cohabitation agreement. However if the couple later marry or do not marry but have children a court may decide to ignore the cohabitation agreement.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181