Moving in together: what should I do if my boyfriend wants to move in but my parents — who helped me buy — don't want him to?

My parents helped me to buy my small mews house but now my boyfriend wants to move in. Why do they want a formal agreement and should I set one up?
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Fiona McNulty7 September 2019

Question: My boyfriend is fed up living with his flatmates and has decided he wants to move in with me — but to be honest, he is being a bit pushy about it.

Two years ago my parents gave me some money for a deposit and I managed to buy my small mews house, as I earn a goodish salary but had no savings.

My parents are unimpressed with my boyfriend’s plans and are advising me that I must have a formal agreement with him.

I think it’s really none of their business but what type of agreement do you think they would want me to have?

Answer: Was the money from your parents a gift or do you have to repay them?

Perhaps you bought the house jointly with them, either in equal or unequal shares. You may have a joint mortgage with them.

If they jointly own the property they are entitled to have a say in who occupies it.

If they invested in it you may have entered into a declaration of trust with them which sets out the basis of your ownership, and it may deal with who can live there.

If this is not the case and your parents gifted you the deposit outright and have no interest in the house, then it is up to you who occupies it.

Your parents are probably hoping that if your boyfriend moves in you and he will have a written agreement setting out the terms of your living arrangements — for example, responsibility for outgoings and the like — which includes a licence for him to occupy the property while you are in a relationship together.

Consider your boyfriend’s motive for wanting to move in. Hopefully it’s not just to get away from his flatmates.

These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.

If you have a question for Fiona McNulty, email legalsolutions@standard.co.uk or write to Legal Solutions, Homes & Property, Evening Standard, 2 Derry Street, W8 5EE. Questions cannot be answered individually, but we will try to feature them here.

Fiona McNulty is a solicitor specialising in residential property.