Moving In FAQ's

When you discuss moving in with your partner you’ll probably think about what would be the most fun, convenient, or cheap place to live. You’re not likely to be carefully considering your legal situation.
But where you live, and whose name is on the tenancy or title deeds greatly affect what rights you have. A little thing like legal rights may not seem very important, but they are if something goes wrong.

Thinking about it at the beginning, boring as it is, is probably better than risking waking up in several years to find that you’re up a well-known creek without a paddle.

My boyfriend has asked me to move in with him. He has his own flat, and the rent’s really cheap, so we’ve decided that I will just move in with him for now.
There are three things you should consider when you’re moving in to a home your partner rents.

• If your name is not on the tenancy agreement you are always at a disadvantage. If your partner leaves, or asks you to leave, then you have no right to stay. If your partner dies you may also have no right to stay in the home (this would depend on the type of tenancy you have, and your circumstances).

• If you move in permanently without asking the landlord, your boyfriend will be breaching the terms of his tenancy, and the landlord could kick you both out. You should ask the landlord for permission to move in first (councils generally should not refuse to give consent for no reason). If the landlord gives you permission, it does not mean that the tenancy will automatically be put into both names, but it may improve your rights to stay in the flat if your partner died.

• In order to put the tenancy into both names, you have to end the old tenancy and start a new one. If you do this your boyfriend may lose important rights. Never ask for a tenancy to be put into two names without getting advice first.

My girlfriend bought a flat a few weeks before we met. It’s spacious enough for two and it’s much more convenient for where I work. I’ve been practically living there for a few months, and we’ve now decided I should give up my flat and move in with her permanently.
Great, but you should bear in mind that you will not gain any legal rights over the home. If you are asked to leave, or if your partner decides to sell the property, you have no right to stay, and no rights to a percentage of the price.

You can gain rights in the flat if you make an agreement to share it (ideally this should be written down and signed by both of you) or if you make a financial contribution that helps to pay for the flat on the understanding that you are going to get a share. The clearer you are about this, the better.

It isn’t the most romantic of conversations, but it is important that you discuss what your rights to the home will be, should you split up. The best advice is to agree at the outset what would happen if you break up, write the agreement down in a Living Together Agreement, and keep it safe. You can use our step-by-step guide (292 KB). If you are honest with each other about your finances and draw up a fair agreement this will probably mean that you do not have to resort to courts and lawyers if you do split up. You should update your written agreement if the understanding between you changes over time. If you have your agreement drawn up as a Declaration of Trust this will set out your shares in law.

If you aren't able to have this discussion, or if you have agreed that you will not gain a share in the home, think carefully about what you are willing to contribute to and what you don't want to pay for. If you pay for home improvements or contribute to the mortgage without an agreement that you will share the home in place, it will be very hard for you to get your money back. Better to consider it a gift, or rent that you would paying if you lived elsewhere.

My boyfriend and I have decided to live together. We have decided to move to a new place so that we can both have a fresh start. One of his friends told him that its easier if you only put one name on the tenancy - is this right?

Easier for whom? If you are not named on the tenancy you have no right to stay if your partner leaves, or asks you to leave. If your partner dies you may also have no right to stay in your home.

If you are both named on the tenancy, and one of you leaves or dies, the other still has a right to stay (unless you or your partner has told the landlord you’re leaving).

Bear in mind though, if both of you are named on the tenancy you are both responsible for the whole rent - if your partner doesn’t pay his half of the rent you can’t just say “here’s my half”, you are still responsible for the rest.

My partner and I are buying a flat together. I’m really excited but my mum keeps asking if I’ve thought about what would happen if we split up. If we split up couldn’t we just split the proceeds 50/50?
You could, yes, but it would be best if you agreed now that this is what you would do. I know it’s annoying, but your mum is right – you need to think about what would happen if you split up. For one thing, a home can only be sold with the agreement of both the owners, unless you go to court. So you should discuss it now, and decide if you would sell it if you split up. You also need to discuss how you would divide the proceeds, and write your agreement down (see our step-by-step guide to making Living Together Agreements (292 KB)).

You also need to consider how you will own the flat. There are two ways to jointly own a property: as 'Joint Tenants’ or as ‘Tenants in Common’. On a day-to-day basis it makes little difference which you choose, but the differences become crucial if you split up, or if one of you dies, so you should consider it carefully.

If you own a property together as ‘Joint Tenants’ you own the house in equal shares. If you split up and sell the house, you would each receive 50% of the proceeds unless you had another agreement. If one of you dies the whole house would automatically become the sole property of the other.

If you buy the house as ‘Tenants in Common’ you own the house in separate shares and you can specify that that they are uneven (for example 65/35). If one of you dies their percentage of the home will go to whoever will inherit their estate. If you buy as tenants in common your solicitor should draw up a Declaration of Trust clarifying what shares you each own. If you do buy the house as ‘tenants in common’ it is vital that you both make a will at the same time. Otherwise one of you might end up homeless if the other dies.

My boyfriend split up with his wife nearly a year ago but they haven’t sorted out the financial arrangements yet. He’s rattling around in a big house all on his own, and struggling to pay the bills, so he’s asked me to move in with him. It’s not the most romantic offer I’ve ever had, but it makes financial sense. Is there anything I need to think about?
There are two issues you need to consider. Firstly, his former wife will have a right to the property and the money bound up in it, and that will outweigh any claim you might have. Secondly, if you move in before their financial arrangement is sorted out your contributions to the household income may be taken into account, which would weaken your partner’s position. Consequently it probably doesn’t make financial sense to move in until after their divorce is finalised and their financial arrangements are completed.

April 2008