live in partner leaving - can she take half?

Freebie_Hunter_2

If you live with your partner for more than 6 months then you are 'common law' husband and wife. In effect, they class you as good as married.

She CAN be awarded half of everything but it would have to go to court.

Regardless of whether she paid some for the house or not, it may be a 'pigs eye' to you but she has been contributing and splitting the costs. A good lawyer will get her half of everything.

It seems strange that they still live together after 3 years of seperation, but she's not daft and this gives her a better foothold.


Hence the reason why you should think very carefully before moving in with your partner - they can skin you even if you're not married!

rushnowt

Just reading back over what you've said loopy lass, i suppose things could also depend on what is said about the 3 years still together but not if you know what i mean, for instance she could say that it wasn't actually the case as she saw it and that her heart was still completely in the relationship and was still contributing to the relationship in the same way as she had for the past however many years, she could make out that she was actually the wronged partner and was completely unaware of any problems within these past three years, does that make any sense, so it'll really all depends on how honest everyone is regarding the whole situation. But still feel its wise for both of them to seek proper legal advice, hope all goes well.

juno

If you live with your partner for more than 6 months then you are 'common law' husband and wife. In effect, they class you as good as married.

Actually, that's just a myth. That law was abolished in 18something and doesn't exist now

Agent_C

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.

Not true! It all depends on what each has put into the house, whose name is on the deeds, and whether they are married or have children (there is no such thing as a common law spouse). It's true that courts award custody of children to women more often - but women do not automatically get half just because of their gender.

Bossyboots

It is true that the rule of thumb is you get out what you put in. To a certain extent that is applied to married couples as well. The length of the relationship is a major factor.

Six months is too soon to be looking at getting half the property as mentioned above and someone in that situation has had bad advice.

As pointed out, there is no such thing as "common law" husband or wife.

It is certainly not the case that being female will ensure you get half the property. My friend bought a property with her marriage settlement, moved a man in and is now having to pay him £2000 (he wanted £5000) and has racked up solicitors costs of £2000. This was based on his contribution to the household while they lived together when he was the main earner.

Freebie_Hunter_2

Actually, that's just a myth. That law was abolished in 18something and doesn't exist now

It was never a myth.

However, always one to hold my hands up - this is now no longer recognised in law but this is a fairly recent development, far more recent than 18something!

They can still go to court and battle for half thought.

John_M_Business

Legally speaking - she's going to struggle to get anything out of it.

Ethically speaking - they should try to work out her 'contribution' to the house. It is always too simplistic to look at half/half split.

If the contribution is merely bills, the occasional additional payment and perhaps a small (i.e. less than 30%) contribution to mortgage - i.e. she's been 'put up' by her ex, then she should probably see her contribution as rent. Take her possessions, and thank him for the time they had.

If she has been paying 50% of mortgage, I suggest she is 'owed' HALF of the increase in value of the property - however unless they can sort this out amicably, there is no point discussing it.

In a way it is easier as there aren't any children involved in this separation, therefore it should be a clean break when resolved.

Lillibet_2

Hi Guys

I 'm a legal exec. so I do have some understanding of these matters but my specialities are formally rental propery law & now commercial contract law, not family law. I have consulted a colleague who says that under new EU regualtions "Common Law" partner kicks in after 2 years, this over-rules any UK law I'm afraid but common law DOESN'T equal the same as married when it comes to seperation or death (one would question what's the point in having it then?). However, again we come back to benefical interest, if she can't prove she put anything substantial in & didn't lose a property in moving in with him or give up a job to become a stay at home partner then she doesn't stand to gain much in my colleagues opinion. If she did put anything in she could potentially be enitlted to upto 50% of the increase in property value. Items purchased jointly need to be divided.

HTH.

Greenstuff_2

I wouldn't take a chance on this one but get a really good solicitor - one reccomended by someone not necessarily a really expensive one.
I jointly owned a house years ago with my previous partner, when we split up we sold and split the profit down the middle.
He did whatever with his and I bought a small property.
When I met my Husband we decided to buy a bigger house together so I sold.
Ex got wind and decided that he wanted half the profit!
He argued that the deposit I used was from our house sale that he had contributed to.
He ended up crawling back under his rock with nothing thankfully, although he did bleat about paying him off at some point, but as it was a bit of a legal grey area it held up my house sale, he had a solicitor and I didn't, but the solicitor who was doing our new purchase did a bit towards it and as a precaution our new house was in Hubby's sole name, solicitor said all I'd have to do is pay a few months mortgage myself to have just about as much rights as him.

My friend lived in her family house that was worth a cool million, when her and her Husband split he went for half!
Good for nothing that he was he'd never paid a penny towards the house (no mortgage) but did buy some new carpets when their daughter was born so he had a case.
In the end she paid him off with 90k, she was just relieved not to have to sell her family's home.
It's not just us girls!
She could be trying it on and is starting high hoping to negotiate a settlement figure she'd be happy with, but I wouldn't take any chances.

loopy_lass

many thanks for all the info people, relayed this to my friend. will let you know outcome.

loops x