WEBVTT - Moving in and break ups. Good to Know!

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<v Kia>Hey,  this  is  Kia.  Welcome  to  another  episode  of  A 

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<v Kia>Little  Bit  Richer,  brought  to  you  by  my  friends  at 

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<v Kia>Legal &amp;  General.
 Moving  in  with  someone  is  a  big  decision. 

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<v Kia>Whether  you  are  renting  or  buying,  there's  a  lot  of 

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<v Kia>things  to  think  about.  So  today  I'm  joined  by  award-

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<v Kia>winning  family  lawyer  Yasmin  Khan- Gunns.
 Yasmin's  clients  range  from 

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<v Kia>successful business professionals, celebrities,  and  stay- at- home  mothers  to  expats,  couples  moving 

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<v Kia>in  together,  and  couples  getting  married.  Yasmin  is  also  the 

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<v Kia>woman  behind  the  Instagram @ londonfamilysolicitor  and  shares  guidance  on  some 

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<v Kia>of  the  tricky  issues  that  lawyers  can  help  with.
 She's 

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<v Kia>here  today  to  talk  us  through  what  you  should  be 

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<v Kia>thinking  about  before  moving  in  with  someone,  and  ways  you 

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<v Kia>can  avoid  getting  into  a  sticky  situation  if  the  relationship 

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<v Kia>breaks  down.  Welcome,  Yasmin.

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<v Yasmin Khan-Gunns>Thank  you.  Great  to  be  here.

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<v Kia>So  we  are  talking  about  moving  in  together,  people  moving 

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<v Kia>in,  whether  it's  friends,  family,  or  partners  moving  in.  And 

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<v Kia>it  is  a  lovely  time,  it's  a  great  time  and 

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<v Kia>people  are  happy  and it's something that  we  should  celebrate.

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<v Yasmin Khan-Gunns>Yeah.

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<v Kia>But  there  are  things  that  we  need  to  consider  before 

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<v Kia>moving  in.

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<v Yasmin Khan-Gunns>Put  it  this  way.  You  take  out  car  insurance.  You 

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<v Yasmin Khan-Gunns>take  out  life  insurance.  You  take  out  house  insurance.  All 

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<v Yasmin Khan-Gunns>these  things  are  important  in  case  the  worst  happens.  So 

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<v Yasmin Khan-Gunns>it's  always  good  to  be  aware  now  before  you  begin 

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<v Yasmin Khan-Gunns>cohabiting,  before  you  buy  with  someone,  what  could  happen  in 

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<v Yasmin Khan-Gunns>the  future.  See  it  as  your  insurance.  This  knowledge  is 

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<v Yasmin Khan-Gunns>your  insurance.

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<v Kia>I  love  this.  So  to  start  us  off,  if  someone's 

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<v Kia>planning  on  renting  with  someone,  what  should  they  be  thinking 

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<v Kia>about  before  moving  in?

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<v Yasmin Khan-Gunns>First  and  foremost,  I  think  they  need  to  be  thinking 

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<v Yasmin Khan-Gunns>about  affordability,  because  you  want  to  make  sure  that  the 

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<v Yasmin Khan-Gunns>person  that  you  are  moving  in  with  can  afford  their 

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<v Yasmin Khan-Gunns>payments  towards  the  rent  and  can  afford  their  payments  towards 

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<v Yasmin Khan-Gunns>the  outgoings.  And  that's  particularly  important  if  you're  going  to 

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<v Yasmin Khan-Gunns>be  sharing,  for  example,  bank  accounts  with  them,  because  their 

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<v Yasmin Khan-Gunns>poor  credit  history  could  affect  you.  So  that's  the  first 

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<v Yasmin Khan-Gunns>thing  I'd  think  about.
 Second  thing  is  tenancy  agreement.  Make 

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<v Yasmin Khan-Gunns>sure  you  read  your  tenancy  agreement  carefully.  And  also  decide 

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<v Yasmin Khan-Gunns>whose  name's  it  going  to  be  in.  Is  it  going 

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<v Yasmin Khan-Gunns>to  be  in  one  person's  sole  name  or  is  it 

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<v Yasmin Khan-Gunns>going  to  be  in  multiple  people's  names?  So  really  have 

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<v Yasmin Khan-Gunns>those  discussions  first  and  foremost,  because  that  affects  your  rights 

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<v Yasmin Khan-Gunns>and  responsibilities  under  the  tenancy  agreement.
 Third  thing  is  think 

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<v Yasmin Khan-Gunns>about  the  deposit.  Who  is  going  to  pay  for  the 

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<v Yasmin Khan-Gunns>deposit?  Where's  it  going  to  be  held?  And  what  should 

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<v Yasmin Khan-Gunns>happen  to  the  deposit  in  the  event  that  the  tenancy 

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<v Yasmin Khan-Gunns>comes  to  an  end  or  if  one  person  just  wants 

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<v Yasmin Khan-Gunns>to  leave  the  tenancy  agreement  early?
 And  finally,  I  think 

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<v Yasmin Khan-Gunns>importantly,  is  how  you're  going  to  split  the  costs.  Talk 

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<v Yasmin Khan-Gunns>about  who's  going  to  pay  the  rent,  in  what  proportions 

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<v Yasmin Khan-Gunns>you're  going  to  pay  the  rent,  who's  going  to  pay 

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<v Yasmin Khan-Gunns>the  utilities,  the  council  tax.
 So  really,  it's  important  to 

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<v Yasmin Khan-Gunns>have  those  conversations  at  the  outset,  open,  honest  communications,  and 

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<v Yasmin Khan-Gunns>ideally  have  it  written  down  somewhere,  WhatsApp,  email,  written  agreement,  anywhere.

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<v Kia>I  know  that  a  lot  of  people  listening  have  probably 

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<v Kia>moved  in  with  someone  at  some  point  and  has  not 

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<v Kia>had  these  conversations,  but  it  makes  a  lot  of  sense. 

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<v Kia>But  let's  talk  about  after  you've  moved  in,  what  are 

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<v Kia>some  of  the  things  that  you  should  consider  to  make 

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<v Kia>sure  that  you're  a  little  bit  more  protected?  For  example, 

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<v Kia>what  can  you  put  into  place  to  make  sure  that 

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<v Kia>if  there  are  any  issues  that  arise,  that  are  dealt 

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<v Kia>with  fairly?

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<v Yasmin Khan-Gunns>I'd  start  with  household  budgeting.  Who  is  going  to  pay 

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<v Yasmin Khan-Gunns>for  the  things that  are  every  day?  For  example,  the  food 

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<v Yasmin Khan-Gunns>shop,  the  cleaning  supplies,  and  the  communal  items.  You  want 

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<v Yasmin Khan-Gunns>to  be  thinking  about  having  an  emergency  fund.  Maybe  you 

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<v Yasmin Khan-Gunns>are  contributing  into  a  pot  every  month,  maybe 20,  30  pounds, 

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<v Yasmin Khan-Gunns>so  that  in  the  event  that  something  breaks,  such  as 

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<v Yasmin Khan-Gunns>a  TV,  who's  going  to  pay  for  that?
 Then  you 

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<v Yasmin Khan-Gunns>should  really  be  thinking  about  what  happens  if  one  of 

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<v Yasmin Khan-Gunns>you,  if  you're  renting  with  siblings  or  with  friends,  one 

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<v Yasmin Khan-Gunns>of  you  gets  a  new  partner  and  that  girlfriend  and 

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<v Yasmin Khan-Gunns>boyfriend  starts  coming  around  more  and  more  often.  One  day, 

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<v Yasmin Khan-Gunns>two  nights  a  week,  three  nights  a  week,  and  then 

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<v Yasmin Khan-Gunns>eventually  they're  pretty  much  living  with  you.  How's  everyone  going 

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<v Yasmin Khan-Gunns>to  feel  about  that,  and  should  that  new  partner  be 

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<v Yasmin Khan-Gunns>contributing  in  any  way?
 And  I  think  finally,  thinking  about 

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<v Yasmin Khan-Gunns>exit  strategies.  What's  going  to  happen  if  one  person  wants 

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<v Yasmin Khan-Gunns>to  leave  the  tenancy  early?  What  happens  to  their  share 

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<v Yasmin Khan-Gunns>of,  say,  the  council  tax  from  the  part  they  were 

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<v Yasmin Khan-Gunns>living  there  or  they  moved  out.  And  should  they  get 

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<v Yasmin Khan-Gunns>their  deposit  back?  Or  should  they  get  it  back  now, 

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<v Yasmin Khan-Gunns>later,  or  forfeit  their  deposit,  and  what's  going  to  happen?


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<v Yasmin Khan-Gunns>So  there's  some  key  things  to  think  about.  And  I 

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<v Yasmin Khan-Gunns>think  what  really  could  help  in  the  situation  is  if 

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<v Yasmin Khan-Gunns>the  people  entering  into  the  tenancy  agreement  consider  having  a 

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<v Yasmin Khan-Gunns>cohabitation  agreement.  And  that's  a  document  that  can  set  out 

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<v Yasmin Khan-Gunns>the  answers  to  all  of  these  questions,  essentially,  making  it 

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<v Yasmin Khan-Gunns>really  clear  what  should  happen  during  the  tenancy  and  in 

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<v Yasmin Khan-Gunns>the  event  that  tenancy  ends.

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<v Kia>So  a  cohabitation  agreement,  you  said  it  sets  out  what 

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<v Kia>that  would  look  like,  but  does  it  need  to  be 

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<v Kia>formal?  Do  you  need  to  go  to  a  lawyer  to 

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<v Kia>do  that?  Can  you  have  one  written  out  yourself?  Can 

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<v Kia>you  find  a  template  online?  What's  the  best  way  to 

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<v Kia>go  about  actually  setting  that  up?

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<v Yasmin Khan-Gunns>So  just  to  clarify,  a  cohabitation  agreement  is  an  agreement 

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<v Yasmin Khan-Gunns>between  two  people  setting  out  the  financial  and  practical  arrangements 

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<v Yasmin Khan-Gunns>during  cohabitation  and  in  the  event  that  that  cohabitation  ends. 

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<v Yasmin Khan-Gunns>So  that  can  include...  And  I'll  go  back  to  your 

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<v Yasmin Khan-Gunns>question  in  a  second,  but  that  can  include  things  like, 

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<v Yasmin Khan-Gunns>well,  if  you're  buying  a  property  with  someone  or  if 

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<v Yasmin Khan-Gunns>you're  renting,  how  the  rental  payments  will  be  dealt  with, 

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<v Yasmin Khan-Gunns>how  the  mortgage  will  be  dealt  with,  what  should  happen 

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<v Yasmin Khan-Gunns>to  the  sofa,  the  TV,  the  white  goods?  What  should 

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<v Yasmin Khan-Gunns>happen  in  the  event  of  a  sale  or  the  tenancy 

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<v Yasmin Khan-Gunns>coming  to  an  end?  It  can  include  so  many  things, 

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<v Yasmin Khan-Gunns>including  pets.
 Usually  you would go  to  a  family  lawyer  to  draft 

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<v Yasmin Khan-Gunns>the  cohabitation  agreement.  And  the  cost,  it  really  depends.  It 

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<v Yasmin Khan-Gunns>depends  on  the  hourly  rate  of  the  family  solicitor,  but 

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<v Yasmin Khan-Gunns>it  could  be  anywhere  between  1,500 to 5, 000  upwards  plus  VAT, 

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<v Yasmin Khan-Gunns>depends  how  simple  or  complex  it  is.  But  it's  a 

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<v Yasmin Khan-Gunns>really,  really  useful  tool  to  have  because  it  makes  everything 

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<v Yasmin Khan-Gunns>clear  and  it  makes  a  separation  process,  if  it  gets 

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<v Yasmin Khan-Gunns>to  that,  much  easier.

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<v Kia>Definitely  something  to  consider.  So  we've  spoken  a  lot  about 

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<v Kia>renting  then.  If  you're  planning  on  buying  with  someone,  is 

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<v Kia>there  anything  else  that  you  should  specifically  be  thinking  about 

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<v Kia>before  you  move  in?

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<v Yasmin Khan-Gunns>You  need  to  really  think  about  how  the  property  is 

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<v Yasmin Khan-Gunns>going  to  be  held.  Is  it  going  to  be  held in 

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<v Yasmin Khan-Gunns>one  person's  sole  name  or  is  it  going  to  be 

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<v Yasmin Khan-Gunns>held  in  joint  names?  You  can  hold  the  property  in 

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<v Yasmin Khan-Gunns>two  ways  in  joint  names.  To  make  it  really  simple, 

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<v Yasmin Khan-Gunns>you  can  hold  it  as  tenants  in  common  or  joint 

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<v Yasmin Khan-Gunns>tenants.  Now,  joint  tenants  is  where  you  hold  the  property 

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<v Yasmin Khan-Gunns>50-50,  unless  you  have  an  agreement  called  a  declaration  of 

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<v Yasmin Khan-Gunns>trust  stating  otherwise.  And  a  tenants  in  commons  is  where 

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<v Yasmin Khan-Gunns>you  could  hold  the  property  in  specified  shares.  So  for 

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<v Yasmin Khan-Gunns>example,  X  has  60%,  Y  has  40%.  Or  you  can 

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<v Yasmin Khan-Gunns>also  hold  it  as  50-50.  It's  slightly  complicated,  but  you 

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<v Yasmin Khan-Gunns>can  have  it  as  50-50 or you  can  have  it  as  specified 

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<v Yasmin Khan-Gunns>shares.
 Now  the  difference  between  joint  tenants  and  tenants  in 

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<v Yasmin Khan-Gunns>common,  and  that's  quite  an  important  difference,  is  with  joint 

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<v Yasmin Khan-Gunns>tenants,  if  you  sadly  pass  away,  your  share  of  the 

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<v Yasmin Khan-Gunns>property  automatically  goes  to  the  other  co- owner.  Whereas  tenants 

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<v Yasmin Khan-Gunns>in  common,  if  you  pass  away,  your  share  does  not 

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<v Yasmin Khan-Gunns>automatically  go  to  the  other  owner,  it  goes  and  passes 

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<v Yasmin Khan-Gunns>under  whoever  you've  put  in  your  will.  Your  parents,  for 

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<v Yasmin Khan-Gunns>example,  or  your  siblings.  That's  the  first  thing  you  should 

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<v Yasmin Khan-Gunns>consider,  how  you're  holding  the  property.
 Secondly,  how's  the  deposit 

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<v Yasmin Khan-Gunns>going  to  be  funded?  Is  one  person  paying  the  deposit? Are 

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<v Yasmin Khan-Gunns>they  both  paying  the  deposit?  And  if  they're  both  paying, 

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<v Yasmin Khan-Gunns>equal  contributions,  not  equal.  If  it's  not  equal,  do  you 

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<v Yasmin Khan-Gunns>want  some  sort  of  an  agreement  to  say  that  you 

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<v Yasmin Khan-Gunns>get  that  money  back  if  the  property  is  sold,  or are 

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<v Yasmin Khan-Gunns>you  happy  for  it  just  to  be  50-50 and you  kind  of 

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<v Yasmin Khan-Gunns>forfeit  the  bigger  amount?  So  think  about  your  deposit.
 You 

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<v Yasmin Khan-Gunns>need  to  think  about  how  the  mortgage  is  going  to 

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<v Yasmin Khan-Gunns>be  paid.  Sometimes  when  one  person  is  earning  a  greater 

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<v Yasmin Khan-Gunns>income,  they  may  contribute  a  bit  more  towards  mortgage.  And 

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<v Yasmin Khan-Gunns>alongside  that,  how  the  utilities  are  going  to  be  dealt 

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<v Yasmin Khan-Gunns>with.
 You  also  need  to  think  about  what  happens  if 

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<v Yasmin Khan-Gunns>one  of  you  loses  their  job  or  there's  an  illness. 

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<v Yasmin Khan-Gunns>Will  one  person  take  over  the  mortgage  payments  and  utilities 

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<v Yasmin Khan-Gunns>or  not?  To  have  these  discussions  really,  really  early  on.


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<v Yasmin Khan-Gunns>And  then  you  should  be  thinking  about  property  maintenance,  repairs. 

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<v Yasmin Khan-Gunns>Are  you  going  to  have  a  fund  to  deal  with 

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<v Yasmin Khan-Gunns>that?  You  don't  have  the  surplus  income,  it's  a  bit 

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<v Yasmin Khan-Gunns>tricky.  So,  something  to  think  about.
 And  then  what  happens 

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<v Yasmin Khan-Gunns>in  the  event  that  one  person  wants  to  sell  and 

0:07:51.660 --> 0:07:55.230
<v Yasmin Khan-Gunns>the  other  person  doesn't?  It  happens.  How  would  you  calculate 

0:07:55.290 --> 0:07:57.420
<v Yasmin Khan-Gunns>the  buyout  if  one  person  was  going  to  buy  out 

0:07:57.420 --> 0:08:00.000
<v Yasmin Khan-Gunns>the  other?
 Lots  to  think  about.  And  again,  a  cohabitation 

0:08:00.000 --> 0:08:03.750
<v Yasmin Khan-Gunns>agreement  can  really,  really  help  here,  setting  all  these  answers 

0:08:03.750 --> 0:08:06.300
<v Yasmin Khan-Gunns>out  in  a  clear  agreement  to  make  it  super  simple 

0:08:06.300 --> 0:08:06.720
<v Yasmin Khan-Gunns>for  everyone.

0:08:07.020 --> 0:08:08.850
<v Kia>There  was  a  phrase  that  you  mentioned  earlier,  and I want  to 

0:08:08.850 --> 0:08:11.760
<v Kia>come  back  to  it,  declaration  of  trust.  So I want  to  ask 

0:08:11.760 --> 0:08:13.680
<v Kia>you,  what  is  a  declaration  of  trust?

0:08:14.130 --> 0:08:17.400
<v Yasmin Khan-Gunns>Ideally,  you  would  enter  into  one  when  you're  about  to 

0:08:17.400 --> 0:08:20.220
<v Yasmin Khan-Gunns>purchase  a  property.  And  a  declaration  of  trust  is  a 

0:08:20.220 --> 0:08:24.390
<v Yasmin Khan-Gunns>specific  legal  document  setting  out  how  you  and your  partner  hold 

0:08:24.390 --> 0:08:26.700
<v Yasmin Khan-Gunns>that  property.  So  it  would  set  out  the  shares  in 

0:08:26.700 --> 0:08:30.390
<v Yasmin Khan-Gunns>which  you  hold  it,  whether  it's 50-50,  60- 40.  It  would 

0:08:30.390 --> 0:08:33.570
<v Yasmin Khan-Gunns>set  out  how  the  mortgage  is  being  paid.  So  you 

0:08:33.570 --> 0:08:35.939
<v Yasmin Khan-Gunns>could  state  this  person's  paying  this  amount  in  the  mortgage 

0:08:35.940 --> 0:08:37.439
<v Yasmin Khan-Gunns>a  month  and  this  person's  paying  this  amount  in  the 

0:08:37.440 --> 0:08:40.800
<v Yasmin Khan-Gunns>mortgage.  It would set  out  who  paid  the  deposit  or  in  what 

0:08:40.800 --> 0:08:44.280
<v Yasmin Khan-Gunns>proportions,  and  whether  that  deposit  will  be  returned  in  the 

0:08:44.280 --> 0:08:46.890
<v Yasmin Khan-Gunns>event  of  a  sale  or  not.  It  can  set  out 

0:08:46.890 --> 0:08:49.199
<v Yasmin Khan-Gunns>things  like  who's  going  to  pay  the  outgoings,  who's  going 

0:08:49.200 --> 0:08:52.590
<v Yasmin Khan-Gunns>to  pay  the  utilities.  And  importantly,  it  can  set  out 

0:08:52.590 --> 0:08:55.530
<v Yasmin Khan-Gunns>what  happens  in  the  event  that  the  couple  splits  up 

0:08:55.920 --> 0:08:59.010
<v Yasmin Khan-Gunns>and  what  happens  in  the  event of a sale.
 So  I'd  say  declaration 

0:08:59.010 --> 0:09:00.929
<v Yasmin Khan-Gunns>of  trust  is  really  important  when  you  buy  a  property. 

0:09:01.020 --> 0:09:02.849
<v Yasmin Khan-Gunns>And  if  you  want  to  add  to  the  declaration  of 

0:09:02.850 --> 0:09:05.490
<v Yasmin Khan-Gunns>trust,  then  you  enter  into  a  cohabitation  agreement.  Because  a 

0:09:05.490 --> 0:09:08.820
<v Yasmin Khan-Gunns>cohabitation  agreement  goes  further,  it gives  more  flavor  to  the  declaration 

0:09:08.820 --> 0:09:09.120
<v Yasmin Khan-Gunns>of  trust.

0:09:09.750 --> 0:09:11.729
<v Kia>Oh,  this  is  a  lot  to  take  in.  A  lot 

0:09:11.730 --> 0:09:15.030
<v Kia>of  people,  you  don't  really  factor  in  everything.  And  it 

0:09:15.030 --> 0:09:18.179
<v Kia>is  sometimes  difficult  to  talk  about  money,  but  I  think 

0:09:18.330 --> 0:09:21.090
<v Kia>here  is  highlighting  some  of  the  things  that  should  be 

0:09:21.090 --> 0:09:24.480
<v Kia>spoken  about,  especially  before  doing  something  so  big  as  buying 

0:09:24.480 --> 0:09:26.940
<v Kia>a  property. It's  a  massive  investment,  so  maybe  having  that  laid 

0:09:26.940 --> 0:09:31.620
<v Kia>out  can  give  both  parties  peace  of  mind.
 What  happens 

0:09:31.740 --> 0:09:34.410
<v Kia>in  the  event  that  there  is  perhaps  a  couple  who 

0:09:34.410 --> 0:09:37.890
<v Kia>have  bought  property  together,  maybe  thought  they'd  be  together  forever, 

0:09:37.890 --> 0:09:40.980
<v Kia>but  sometimes  life  happens  and  they  end  up  splitting?  What 

0:09:41.010 --> 0:09:43.110
<v Kia>happens  to  the  property  in  that  event?

0:09:43.470 --> 0:09:47.190
<v Yasmin Khan-Gunns>So  if  it's  being  held  in  joint  names,  then  the 

0:09:47.190 --> 0:09:49.350
<v Yasmin Khan-Gunns>couple  needs  to  look  at  how  they  hold  the  property. 

0:09:49.350 --> 0:09:51.270
<v Yasmin Khan-Gunns>So  going  back  to  holding  it  as  tenants  in  common 

0:09:51.270 --> 0:09:54.570
<v Yasmin Khan-Gunns>or  joint  tenants.  If  they  hold  it  as  joint  tenants, 

0:09:54.750 --> 0:09:58.350
<v Yasmin Khan-Gunns>then  the  law  presumes  that  the  property  will  be  split 

0:09:58.350 --> 0:10:01.860
<v Yasmin Khan-Gunns>equally,  50-50.  If  they  hold  it  as  tenants  in  common, 

0:10:01.890 --> 0:10:03.870
<v Yasmin Khan-Gunns>then  the  law  will  look  at  what's  written  in  the 

0:10:03.870 --> 0:10:08.069
<v Yasmin Khan-Gunns>conveyancing  documents.  If  something's  written,  for  example,  60-40  split,  then 

0:10:08.070 --> 0:10:09.959
<v Yasmin Khan-Gunns>that's  how  the  property  will  be  dealt  with.  If  nothing's 

0:10:09.960 --> 0:10:14.130
<v Yasmin Khan-Gunns>written,  then  the  law  will  presume  50-50.  So  looking  at 

0:10:14.130 --> 0:10:17.070
<v Yasmin Khan-Gunns>that  first  determines  what  should  happen.
 Then  you  need  to 

0:10:17.070 --> 0:10:20.280
<v Yasmin Khan-Gunns>discuss  with  your  partner,  do  you  want  to  sell  or 

0:10:20.520 --> 0:10:23.490
<v Yasmin Khan-Gunns>is  one  person  keen  to  stay  in  the  property?  Going 

0:10:23.490 --> 0:10:25.829
<v Yasmin Khan-Gunns>back  to  that,  if  one  person  is  keen  to  stay 

0:10:25.830 --> 0:10:28.380
<v Yasmin Khan-Gunns>in  the  property and the  other  person  will  agree  to  it,  then 

0:10:28.380 --> 0:10:30.960
<v Yasmin Khan-Gunns>you  need  to  work  out  a  buyout  calculation  for  that 

0:10:30.960 --> 0:10:33.209
<v Yasmin Khan-Gunns>person  that's  staying  to  buy  out  the  person  that's  leaving.


0:10:33.809 --> 0:10:37.860
<v Yasmin Khan-Gunns>Working  out  that  calculation  differs.  Usually  you  could  go  to 

0:10:37.860 --> 0:10:40.530
<v Yasmin Khan-Gunns>three  estate  agents  to  try  and  find  the  average  value 

0:10:40.530 --> 0:10:42.720
<v Yasmin Khan-Gunns>of  the  property  and  then  work  out  the  calculation  from 

0:10:42.720 --> 0:10:45.120
<v Yasmin Khan-Gunns>that.  Or  you  can  go  to  a  surveyor  and  get 

0:10:45.120 --> 0:10:48.570
<v Yasmin Khan-Gunns>a  more  formal  valuation  of  the  property,  which  tends  to 

0:10:48.570 --> 0:10:51.000
<v Yasmin Khan-Gunns>be  a  bit  lower  than  the  estate  agent  value.
 Then 

0:10:51.000 --> 0:10:52.920
<v Yasmin Khan-Gunns>what  should  happen  in  the  interim?  Should  the  person  that's 

0:10:52.920 --> 0:10:54.900
<v Yasmin Khan-Gunns>intending  to  stay  in  the  property  continue  on  the  mortgage? 

0:10:55.080 --> 0:10:58.469
<v Yasmin Khan-Gunns>So  discussing  those  interim  arrangements.
 If  there  is  a  sale, 

0:10:58.470 --> 0:11:01.860
<v Yasmin Khan-Gunns>however,  the  parties  need  to  consider  who  they're  going  to 

0:11:01.860 --> 0:11:06.059
<v Yasmin Khan-Gunns>appoint  as  their  lawyers,  conveyancing  lawyers,  their  estate  agents.  And 

0:11:06.360 --> 0:11:08.700
<v Yasmin Khan-Gunns>eventually,  the  property  will  be  sold  or  one  person  will 

0:11:08.700 --> 0:11:11.849
<v Yasmin Khan-Gunns>buy  out.  But  if  it's  sold  and  one  person's  actually  like, "

0:11:11.910 --> 0:11:14.340
<v Yasmin Khan-Gunns>Well,  I  don't  really  want  it  to  be  split 50- 50 

0:11:14.340 --> 0:11:17.100
<v Yasmin Khan-Gunns>because  actually  I've  been  contributing  towards  mortgage  more  than  you. 

0:11:17.460 --> 0:11:19.439
<v Yasmin Khan-Gunns>I  want  a  greater  share  in  the  property."  That  can 

0:11:19.440 --> 0:11:22.140
<v Yasmin Khan-Gunns>happen.  So  if  one  person  is  seeking  a  greater  share 

0:11:22.140 --> 0:11:25.650
<v Yasmin Khan-Gunns>in  the  property than  the  original  purchasing  documents,  the  burden  of 

0:11:25.650 --> 0:11:27.600
<v Yasmin Khan-Gunns>proof  is  on  them  to  show  why.

0:11:28.530 --> 0:11:31.530
<v Kia>And  what  does  the  law  say  then  about  how  you 

0:11:31.530 --> 0:11:33.959
<v Kia>should  divide  up  the  stuff  that  you've  bought  or  acquired 

0:11:33.960 --> 0:11:34.770
<v Kia>while  you're  together?

0:11:35.250 --> 0:11:38.130
<v Yasmin Khan-Gunns>So  it's  a  bit  wishy- washy,  because  actually  it  really 

0:11:38.130 --> 0:11:41.190
<v Yasmin Khan-Gunns>depends  on  whether  you  can  reach  an  agreement  between  yourselves. 

0:11:41.190 --> 0:11:46.020
<v Yasmin Khan-Gunns>But  generally  speaking,  personal possessions --  so  that's  your  white  goods,  your 

0:11:46.020 --> 0:11:49.770
<v Yasmin Khan-Gunns>fridge,  your  freezers,  your TVs, your  sofas,  all  your  kind  of  belongings 

0:11:49.770 --> 0:11:52.590
<v Yasmin Khan-Gunns>that  are  shared  between  you  and  the  house --  if  you 

0:11:52.590 --> 0:11:55.050
<v Yasmin Khan-Gunns>can't  deal  with  it  by  agreement,  usually  the  person  that 

0:11:55.050 --> 0:11:58.590
<v Yasmin Khan-Gunns>purchased  the  item  will  keep  the  item.  But  ideally  you 

0:11:58.590 --> 0:12:02.070
<v Yasmin Khan-Gunns>would  reach  an  agreement  between  yourself.  In  terms  of  gifts. 

0:12:02.070 --> 0:12:05.339
<v Yasmin Khan-Gunns>So  by  the  very  nature  of  their  name,  if  someone 

0:12:05.340 --> 0:12:07.890
<v Yasmin Khan-Gunns>gifts  you  something,  if  your  partner  gifts  you  something,  you're 

0:12:07.980 --> 0:12:10.829
<v Yasmin Khan-Gunns>generally  entitled  to  keep  that  because  it's  a  gift.  So 

0:12:10.830 --> 0:12:12.900
<v Yasmin Khan-Gunns>jewelry,  for  example.  If  you're  given  a  ring  or  something 

0:12:12.900 --> 0:12:15.240
<v Yasmin Khan-Gunns>like  that,  you  keep  the  ring.
 When  it  comes  to 

0:12:15.240 --> 0:12:20.160
<v Yasmin Khan-Gunns>pets,  it's  quite  an  emotional  topic.  Sadly,  or  maybe  surprisingly, 

0:12:20.160 --> 0:12:23.580
<v Yasmin Khan-Gunns>they're  treated  like  property,  like  any  other  possession.  So  if 

0:12:23.580 --> 0:12:25.800
<v Yasmin Khan-Gunns>you  can't  reach  an  agreement  on  the  pets,  then  what 

0:12:25.800 --> 0:12:28.950
<v Yasmin Khan-Gunns>happens  is  usually  the  person  that  the  pet  is  registered 

0:12:28.950 --> 0:12:32.490
<v Yasmin Khan-Gunns>in,  microchipped  in,  for  example,  keeps  the  pet.  But  all 

0:12:32.490 --> 0:12:34.229
<v Yasmin Khan-Gunns>of  this  could  be  put  in  the  cohabitation  agreement.  You 

0:12:34.230 --> 0:12:36.510
<v Yasmin Khan-Gunns>can  deal  with  it  all  in  the  cohabitation  agreement.  So 

0:12:36.870 --> 0:12:39.450
<v Yasmin Khan-Gunns>it  would  be  advisable  to  look  into  that  if  you 

0:12:39.450 --> 0:12:41.490
<v Yasmin Khan-Gunns>are  thinking  of  living  with  someone.

0:12:42.690 --> 0:12:45.360
<v Kia>So  if  you  move in  with  your  partner  and  they  own 

0:12:45.360 --> 0:12:48.209
<v Kia>the  place,  where  does  that  leave  you  if  you were  to 

0:12:48.210 --> 0:12:48.990
<v Kia>split  in  the  future?

0:12:49.140 --> 0:12:50.970
<v Yasmin Khan-Gunns>Not  in  a  very  good  position,  because  if  you  are 

0:12:50.970 --> 0:12:55.020
<v Yasmin Khan-Gunns>unmarried,  then  your  rights  is  extremely  limited.  So  you  move 

0:12:55.020 --> 0:12:57.120
<v Yasmin Khan-Gunns>into  your  partner's  place  and  your  partner's  actually  like, " Well, 

0:12:57.120 --> 0:13:00.240
<v Yasmin Khan-Gunns>it's  not  working  out.  I  want  you  to  leave."  Technically, 

0:13:00.270 --> 0:13:02.160
<v Yasmin Khan-Gunns>you  could  be  out  the  door  the  next  day.  You 

0:13:02.160 --> 0:13:04.260
<v Yasmin Khan-Gunns>have  no  rights  to  live  in  that  property  because  you're 

0:13:04.260 --> 0:13:08.340
<v Yasmin Khan-Gunns>not  married.  In  terms  of  any  financial  claims  you  can 

0:13:08.340 --> 0:13:11.130
<v Yasmin Khan-Gunns>make  over  the  property.  Again,  you  have  no  financial  interest 

0:13:11.130 --> 0:13:13.860
<v Yasmin Khan-Gunns>in  that  property,  even  if  you've  been  paying  the  outgoings, 

0:13:13.890 --> 0:13:16.980
<v Yasmin Khan-Gunns>sharing  the  council  tax,  sharing  the  gas  and  electricity  bills. 

0:13:17.580 --> 0:13:21.360
<v Yasmin Khan-Gunns>There  are  some  limited  exceptions.  They  are  limited  and  they 

0:13:21.360 --> 0:13:24.270
<v Yasmin Khan-Gunns>are  usually  confined  to  if  you  make  direct  contributions  towards the 

0:13:24.270 --> 0:13:30.570
<v Yasmin Khan-Gunns>mortgage  or  direct  contributions  towards  the  deposit,  or  if  you 

0:13:30.600 --> 0:13:34.230
<v Yasmin Khan-Gunns>pay  for  renovation  works  for  the  property  that  substantially  increase 

0:13:34.230 --> 0:13:37.260
<v Yasmin Khan-Gunns>the  property.  Then  you  may  be  able  to  claim  something. 

0:13:37.860 --> 0:13:40.710
<v Yasmin Khan-Gunns>Difficult  area  of  law.  It's  trust  of  land  civil  proceedings. 

0:13:40.740 --> 0:13:43.320
<v Yasmin Khan-Gunns>Legal  advice  would  need  to  be  sought  as  soon  as  possible.

0:13:43.650 --> 0:13:46.380
<v Kia>So  when  you  say  direct  contributions  to  the  mortgage,  that 

0:13:46.380 --> 0:13:50.490
<v Kia>isn't  paying  your  partner  your  contribution,  that  is  actually  direct 

0:13:50.490 --> 0:13:51.929
<v Kia>to  the  mortgage  company?

0:13:51.990 --> 0:13:54.480
<v Yasmin Khan-Gunns>Well,  it's  a  bit  unclear.  You  wouldn't  pay  direct  to 

0:13:54.480 --> 0:13:56.670
<v Yasmin Khan-Gunns>the  mortgage  company  because  the  mortgage  would  presumably  be  in 

0:13:56.670 --> 0:13:59.250
<v Yasmin Khan-Gunns>their  name.  But  if  you  pay  money  to  your  partner 

0:13:59.640 --> 0:14:03.690
<v Yasmin Khan-Gunns>and  the  reference,  for  example,  is  towards  mortgage,  then  that's 

0:14:03.690 --> 0:14:05.940
<v Yasmin Khan-Gunns>quite  good  evidence  that  you  are  paying  towards  mortgage.  Whereas 

0:14:05.940 --> 0:14:08.700
<v Yasmin Khan-Gunns>if  your  reference  was  rent,  your  partner  could  argue, " Well, 

0:14:08.700 --> 0:14:11.309
<v Yasmin Khan-Gunns>you're  not  paying  towards  mortgage,  you're  paying  me  rent."  So 

0:14:11.309 --> 0:14:13.620
<v Yasmin Khan-Gunns>it  all  kind  of  depends  on  what  you're  labeling.

0:14:14.010 --> 0:14:17.910
<v Kia>Oh,  such  a  gray  area,  isn't  it?  We've  covered  a 

0:14:17.910 --> 0:14:20.940
<v Kia>lot  in  this  episode,  and  it's  good  to  know  the 

0:14:20.940 --> 0:14:23.640
<v Kia>things  we  should  put  in  place  to  make  sure  that 

0:14:23.640 --> 0:14:26.490
<v Kia>we're  all  protected.  I  almost  don't  want  people  to  be 

0:14:26.490 --> 0:14:28.320
<v Kia>scared.  I  feel  like  we've  used  a  lot  of  big 

0:14:28.320 --> 0:14:31.680
<v Kia>words.  We're  talking  about  if  you  separate  what  might  happen. 

0:14:32.010 --> 0:14:34.050
<v Kia>And  I  know  that  some  people  might  be  listening  thinking, "

0:14:34.050 --> 0:14:35.760
<v Kia>Oh,  but  I'm  with  my  partner.  I  want  to  move 

0:14:35.760 --> 0:14:38.550
<v Kia>in."  So  we  don't  want  to  deter  people  and  scare 

0:14:38.550 --> 0:14:41.340
<v Kia>them.  It's  just  being  aware  of  what  you  can  do 

0:14:41.700 --> 0:14:43.800
<v Kia>to  make  sure  that  you're  protected  so  then  that  blissful 

0:14:43.800 --> 0:14:46.320
<v Kia>time  lasts  long,  and  if  it  doesn't  last,  you  are 

0:14:46.320 --> 0:14:49.710
<v Kia>still  protected.
 But  this  has  been  really  good,  and  I've 

0:14:49.710 --> 0:14:52.620
<v Kia>learned  so  much.  So  before  we  wrap  up,  I  want 

0:14:52.620 --> 0:14:54.660
<v Kia>to  ask  you,  what  are  your  top  three  tips  for 

0:14:54.660 --> 0:14:56.940
<v Kia>people  to  think  about  before  moving  in  together?

0:14:57.300 --> 0:15:00.630
<v Yasmin Khan-Gunns>Choose  your  partner  wisely.  You  want  to  make  sure  that 

0:15:00.630 --> 0:15:03.420
<v Yasmin Khan-Gunns>you  fully  trust  your  partner.  You're  going  into  a  big 

0:15:03.420 --> 0:15:06.000
<v Yasmin Khan-Gunns>thing  with  them,  whether  it's  renting  or  whether  it's  purchasing 

0:15:06.000 --> 0:15:09.750
<v Yasmin Khan-Gunns>property. It's  a  big  financial  responsibility.  You  want  to  ensure  that 

0:15:10.290 --> 0:15:13.380
<v Yasmin Khan-Gunns>you  completely  know  them  and  you  understand  them  and  that 

0:15:13.470 --> 0:15:15.450
<v Yasmin Khan-Gunns>you  know  about  their  finances.  You  do  not  want  to 

0:15:15.450 --> 0:15:18.210
<v Yasmin Khan-Gunns>be  entering  into  something  with  someone  who's  financially  reckless.  So, 

0:15:18.870 --> 0:15:21.840
<v Yasmin Khan-Gunns>trust  your  partner  and  choose  your  partner  wisely.
 Secondly,  you 

0:15:21.840 --> 0:15:24.600
<v Yasmin Khan-Gunns>want  to  be  thinking  about  having  and  being  able  to 

0:15:24.600 --> 0:15:26.880
<v Yasmin Khan-Gunns>have  open  communication  with  your  partner.  If  you  can't  have 

0:15:26.880 --> 0:15:30.060
<v Yasmin Khan-Gunns>open  communication  with  them,  it's  going  to  be  very  difficult. 

0:15:30.450 --> 0:15:33.420
<v Yasmin Khan-Gunns>You  want  to  have  communications  and  talk  about  what  will 

0:15:33.420 --> 0:15:35.910
<v Yasmin Khan-Gunns>happen  when  you  start  living  together  and  what  should  happen in 

0:15:36.630 --> 0:15:39.870
<v Yasmin Khan-Gunns>the  event  that  things  might  not  work  out.  Have those  discussions.


0:15:40.230 --> 0:15:44.460
<v Yasmin Khan-Gunns>And  finally,  I'd  say  be  transparent  about  your  finances.  At 

0:15:44.460 --> 0:15:46.590
<v Yasmin Khan-Gunns>the  outset  before  you've  even  purchased  property  or  start  renting 

0:15:46.590 --> 0:15:50.790
<v Yasmin Khan-Gunns>together,  talk  about  your  incomes,  your  liabilities,  what  credit  cards 

0:15:50.790 --> 0:15:53.489
<v Yasmin Khan-Gunns>you  have,  what  debts  you  might  be  in,  and  your 

0:15:53.490 --> 0:15:56.940
<v Yasmin Khan-Gunns>savings.  Because  you're  being  tied  in  financially  with  this  person. 

0:15:56.940 --> 0:16:00.090
<v Yasmin Khan-Gunns>You  need  to  be  aware,  at  least  roughly,  what  their 

0:16:00.090 --> 0:16:00.991
<v Yasmin Khan-Gunns>financial  background  is.

0:16:00.991 --> 0:16:04.170
<v Kia>That's  some  really  good  points.  And  we  have  learned  a 

0:16:04.170 --> 0:16:07.050
<v Kia>lot  this  episode.  So  Yasmin,  thank  you  so  much  for 

0:16:07.050 --> 0:16:09.150
<v Kia>joining  us  and  imparting  your  incredible  knowledge.

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<v Yasmin Khan-Gunns>Thank  you.

0:16:12.120 --> 0:16:15.210
<v Kia>Lots  to  think  about  before  moving  in  with  someone.  I'd 

0:16:15.210 --> 0:16:17.370
<v Kia>love  it  if  you  could  review  the  podcast,  spread  the 

0:16:17.370 --> 0:16:19.650
<v Kia>word,  and  help  others  get  A  Little  Bit  Richer  too. 

0:16:20.250 --> 0:16:23.730
<v Kia>Keep  up with  the  show  on  TikTok  and Instagram @legalandgeneral.  Thank  you  for 

0:16:23.730 --> 0:16:24.930
<v Kia>listening.  See  you  soon.