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It may not be romantic but it is vital that you know your rights when it comes to your home. Preparing properly will make sure that you are less likely to be caught out if anything happens to your relationship.
What you should do and your rights when you move in depends on the type of tenancy you have.
Renting privately in one person's name
Get permission from your landlord before the other person moves in. You could be breaking your tenancy agreement if you don't get your landlord's permission. Your landlord could use this as a reason for evicting you in the future.
Only the person named in the tenancy agreement is liable for the rent.
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Renting privately with joint tenants
Both of you are relatively secure. You may want to agree that neither of you will give the landlord notice to quit since this will make both of you homeless.
You are both liable for paying the rent. If one person doesn't pay their half, then the other person must pay the full amount.
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Housing Executive or housing association tenancy in one person's name
The tenant should get permission from the Housing Executive or housing association before the other person moves in. The tenant is the only person liable for paying the rent.
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Housing Executive or housing association tenancy in two people's name
Both of you are relatively secure. You may want to agree that neither of you will give notice to quit since this will make both of you homeless.
You are both liable for paying the rent. If one person doesn't pay their half, then the other person must pay the full amount.
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Home owned in one persons' name
Draw up an agreement outlining what you have agreed about the home when you move in. For example, state clearly whether or not you will share the home if you split up and want to sell it.
If you are the non-owner you need to think carefully about what you are going to pay for. You won't get back any money you put towards paying or maintaining the home.
Only the owner of the home has to pay the mortgage . However, if s/he doesn't keep up the payments your home could be repossessed, leaving you both homeless .
Even if the owner leaves the home and you keep up the payments you won't be entitled to a share of the home unless you have proof that the owner has agreed to this.
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Home owned by both people
Your rights depend on whether or not you decide to buy as joint tenants or tenants in common. Most people buy as joint tenants. Contact the solicitor dealing with your house purchase if you aren't sure.
Joint tenants
This means that you are both entitled to half shares of everything. If one of you is putting in more to the purchase you are effectively giving this to the other person. Don't just go for a joint tenancy because it seems simpler.
You can change a joint tenancy into a tenancy in common by carrying out a legal process called 'severance'. You should specialist legal advice if you wish to do this.
You are both liable for the mortgage payments. If one of you doesn't pay their half the other person must make the full payment. Your home could be repossessed if you don't keep up your mortgage payments.
Tenants in common
This mean that each of you own a share of the home. It doesn't have to be split 50/50. Spell out exactly what share of the house you each own in a Declaration of Trust. The solicitor dealing with your house purchase can help you draw this up.
It is really important that both of you make wills. If one of you dies without making a will the other person could end up homeless.
You are both liable for the mortgage payments. If one of you doesn't pay their half the other person must make the full payment. Your home could be repossessed if you don't keep up your mortgage payments.
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Housing Associations (
