The Law Simple Housing/Relationship Law question

[Wickzki]

My girlfriend and I are becoming very serious with discussion of moving in together becoming more than just talk each day. However, I have the need to ask what may or may not be a simple legal question.

I will be moving into her house. She is well on top of buying her own house. We've decided that at some point in the future when we want to have children we will purchase a larger house together - our house. Until then it will be HER house (and I really do appreciate, understand and am much more than accepting of it).

Is there anything that she can do in having me move in with her that will protect her house from anything that involves me in the future?

Thanks

 

[Scotland]

http://www.financialagreements.com.au/defacto/cohabitation.html

I have no legal qualifications or experience, but a 5 second Google search tells me you're at least not the first person to think about it...

 

[Malifice]

My girlfriend and I are becoming very serious with discussion of moving in together becoming more than just talk each day. However, I have the need to ask what may or may not be a simple legal question.

I will be moving into her house. She is well on top of buying her own house. We've decided that at some point in the future when we want to have children we will purchase a larger house together - our house. Until then it will be HER house (and I really do appreciate, understand and am much more than accepting of it).

Is there anything that she can do in having me move in with her that will protect her house from anything that involves me in the future?

Thanks

Firstly, get her to see a lawyer if its an issue. Its always worth it (despite the cost). You OTOH have nothing to lose (until you buy the house, and unless you have serious assets that is).

Whats the working arrangements? If your working while living there and she isnt, you may have a claim to a portion of her property (after a while).

Broadly speaking (and Family law aint my bag) if a person you are in a 'domestic relationship' with moves in to your house (by operation of the law) she or she becomes your defacto partner, and may potentially have a claim to some of your stuff.

The Family Law Act (s 4AA) defines “de facto relationship”, as:

"A couple living together on a genuine domestic basis, who are not married to each other and who are not related by family."

The Act stipulates that a de facto relationship can exist between a man and a woman and between 2 persons of the same sex. A de facto relationship can exist even if one of the persons is married to someone else.

Same deal if you move in with a lady. Given enough time (and depending on your circumstances), you may have claim to her property.

Depends on where you live as well.

This should help:

Property disputes between people of the same sex or opposite sex who live together outside of marriage now fall within the provisions of the Family Law Act 1975 (Cth) (except for couples with a geographic connection with Western Australia or South Australia, where the de facto legislation relevant to those States still applies).

The law provides that de facto couples can make cohabitation agreements known as Financial Agreements before, during or after their relationship.

The Family Law Act s 90UD provides for Financial Agreements to be entered into by the couple after the breakdown of their relationship. Financial agreements are binding on parties if in writing, signed by both parties and with a certificate annexed to the agreement certifying that both parties have received independent legal advice prior to signing the agreement. The court can set aside an agreement if: it was entered into by fraud, it would be impracticable to enforce it, circumstances have changed, the contract is voidable or a party to the agreement engaged in conduct that was unconscionable at the time of making the agreement.

Legal advice is necessary to satisfy the legal requirements of Financial Agreement. As long as the agreement follows certain requirements, then a court must follow the terms of the agreement unless the circumstances of the parties have changed so much since the agreement was made that enforcement of the agreement would lead to serious injustice. The main requirements that will make the agreement binding are as follows:

1. the agreement is signed by both parties;
2. each party was given independent legal advice prior to signing the agreement, as evidenced by a certificate attached to the agreement and
3. after signing the original agreement is given to one of the parties and a copy is given to the other party or parties.

The parties’ signatures should be witnessed by another independent person. This is not a requirement in the relevant legislation but is good practice in the event that there is a challenge to the validity of the agreement.

http://www.aussielegal.com.au/informationoutline~nocache~1~SubTopicDetailsID~1444.htm