live in partner leaving - can she take half? 19 November 2004 at 2:56AM edited 30 November -1 at 1:00AM in Marriage, Relationships & Families 21 replies 5.9K views

loopy_lass

my friends live in partner is leaving, he bought the house 5 years before she moved in, in his name soleley, all utilities in his name, she does contribute to bills and food, but thats it...

they splitting after living together for 9 years, although they have been living together but seperate for the last 3 years (separate rooms)... she is saying she is entitled to half the house... her name is NOT on the deeds, nor has she paid anything towards the house... he paid for it outright years ago.

can she take half the house?


::)

bit of a pigs eye if she can me thinks

rushnowt

this is quite a complecated one, there are mixed feelings on this subject,

a friend of mine was in a very similar postion to this a few months ago, hubby been playing around for years etc, his house, it was left to him by his mother, he paid the bills all in his name etc etc, but her solicitor proved that she however had contributed to the household expenses has she worked and has she was on the electrol roll proved that she had been there and contributing for some 8 years, she got half of everything, house car, furniture the lot, they had to sell the house and the car to split the money and split up the furniture fairly. The only thing that i can see that is different with your friends position is that my friend had 2 children to her ex, you don't mention any kids, it could be entirely different if no kids are involved, but i honestly don't know how the law actually lies on this subject,
i think best idea would be to get your friend to call into CAB or solicitors and get some proper advice.
I hope everything works out ok in the end. Good luck

Magentasue

I know people who have split up and fought over property and have been gobsmacked to find out that being married makes a big difference. My friend bought a house, partner has lived with her for nearly 20 years, all in her name - he has been unable to get anything. There are other factors - she has a child in the house, she worked more than he did etc.

Another friend, married has never worked but house in joint names - she has half of everythin including his redundance and pension. She reckons she would have got a fraction of this if they hadn't been married.

Sarahsaver

Shes not entitled but she could go to court over it if she felt like it. Your friend just needs to sis tight and ignore it. Hopefully it will blow over. Lucky they werent married, then things get really messed up and difficult.

16011996

can't offer any other advice than for her to get advice from CAB or somewhere like that to see where she stands.

good luck

160.

Spendless

Being married does make a difference in this sort of case. I once posted about a friend whose hubby wouldn't put her on their mortgage ??? but discovered that cos she was married in the event of a split she was in a lot more fortunate position than your friend.

About 10 years ago i bought a house on my own and asked the solicitor about this if i'd ever gone on to be put in this position (i wasn't) his reply was that each case is judged on its own merit - so all i can suggest is what others have to seek legal advice.

Sometimes if you have insurance (car or home for example) there is a legal helpline you can ring for advice (we have used it in the past)

You don't say if they have any kids together - cos i'm not sure if this would make a difference :-/

squarecat

from the flip-side of the arguement.

A friend had moved in with her boyfriend (house in his name) lived for 2+ years, had child and married. She is currently getting half, even though it was in his name.

Another friend bought property with his partner (although sizable contribution from his parents) she stayed for 6 months and 2 days and they took half of everything!

There is something to do with co-habitation for over 6 months, but don't know the legalities.

loopy_lass

there are no children in this relationship.... MMM intriguing comments.

Although they share house, relationship was over 3 years ago!!!!

everything in his name....

3 years ago when i split from my partner, i couldnt get anything...

guess it will be upto solicitors....

thanks loops

Agent_C

It depends on several factors. If the couple concerned are not married and have no children, then if she wanted to claim a share in the house, your friend's ex would need to prove something called 'beneficial interest'. This means that she has contributed something towards the house. This could include a deposit, payments towards repairs/renovations, or payments towards the mortgage.

The courts might also consider factors such as how long she has lived there, and whether she gave up somewhere of her own to move in (this would have to be somewhere with strong security of tenure such as her own place or a council place).

However it can be hard to prove beneficial interest and from what you say it doesn't sound as if she would have much of a case. I suggest your friend seeks legal advice nontheless, try CAB or Shelter.

Incidentally the above posters are correct in that the situation is different if they are married or have kids as different laws kick in then giving her much stronger rights.

sheenagh_2

Good advice going on here I can only add that at the CAB we would advise that as a general rule if you are not married you get back what you put in, you need to divide up what you have bought together. If you want to vary the above you need evidence to prove that you have contributed to the property etc and it is good to see a solicitor, ask for the first interview free.

King_David_2

It's Britain. She is obviously, stating the obvious, female.

Therefore she will get half one way or another.

Had it been the other way round, the man, would end up with nothing.