Splitting with partner

Argyll_2

I'm splitting with my partner. It's all getting a bit horrible and I'm broken hearted.

Anyway enough of the sob story. My partner claims she is entitled to a share of my flat which I rent out. I bought the flat and lived in it for three years before she came on the scene. She lived with me for about 9 months and I never asked her for any rent or money of any kind. We had a baby and bought the house we live in now. We were never married so I'm confused as to whether she has any real claim. Any ideas?

terry_turbo

i'm not a legal bod mate.sorry to hear ya probs.

But i did consult a solicitor on this, and he told me aslong as she does not contribute a penny to the household then she is entitled to nothing on that said property.

But you have certain underlying factors that may change this i.e purchasing a house together.

Hope you get on ok. jesus is not having half of everything else enough,sounds like u did well to get out. good luck with littl'un.

meadowcat

You'll really need legal advice on this, but as this property was acquired by you before the relationship commenced then it may not be taken into account, unless of course she can prove that she invested money in that property. You need to see a solicitor.

Poppy9

Even if she cannot claim part of the flat the rent income you receive will form part of your income for child support purposes.

If your partner is to be the main carer of the baby then she has to make sure that she can provide a roof over their head. Selling your current house and splitting it 50/50 will probably not enable her to buy another house with her half.

intel

May help http://www.divorce.co.uk/hottopics/articles/cohabitants.htm

Edit: You can have a look http://www.google.co.uk/search?hl=en&q=common+law+wife+law&meta=

Argyll_2

Sorry I should have said. I'm not bothered about the house I live in now. She sold her flat and put 50 grand in to it. Although I've been paying the mortgage every month for the past year. I'll just walk away but she wants a share of my flat too which I'm not happy about.

The thing is also she won't be able to afford the house on her own and the child support costs won't cover that. The mortgage company won't sign the house over to her sole name because she doesn't earn enough. Only thing to do is to sell but then we'll lose some equity because the house is half finished. It's all a big mess.

innovate

Sean,

sounds a terrible mess, I hope an electronic hug will be a little help in this tough time :grouphug:

I obviously, like the rest of the board, don't know the situation other than from what you have posted, and from that it sounds she's giving you an unjustifiably hard ride. Your GF has the advantage that she is the mother of your child, so willl get initial reactions in her favour more often than not.

You can always come on this board for loads of moral support, but you do need to engage a professional solicitor who can see you through this without emotions, and who also knows about the legal implications when a child is involved.