What rights do I have as a 'Common in law wife'?

Fritillary

Hi, could do with some advice.
My parter of 25 years says he is no longer in love with me and wants to split.
We dont have children and i have only worked about half the time we have been together, due to illness. He wants to 'pay me off' as he puts it but neither of us has any savings etc though we own a plot of land that we are building on -we are living on site in a caravan. He doesn't want to sell the plot, he wants me to leave and live at my mothers. Am I entitled to half what the plot is worth or should I just except what he offers? I appreciate that most of what we have has been through his hard work. I am not working at the moment but am waiting on a diagnosis from doctors which means I may be able to claim benefits in the future.

I don't know what to do, I have nothing and I'm devastated. I still hope he will change his mind.

I would be grateful for any honest advice.

McKneff

I would dig my heels in to be honest and go for half of the plot.
He maybe worked more hours, but you would have been at home working on the house.
I dont know the rules on Common law wives now because i think they have changed just recently to protect people like yourselves. But before that
the Common law that most people believed was in place just didnt exist in law. Have a word with the CAB. And I hope you get better soon

regards
Annie

wannabe_sybil

I am sorry, but I believe legally that there is no such thing as a common law wife.

I think you may benefit from independent legal advice. Also, have you suggested counselling or Relate?

Hope this helps.

Crispy_Ambulance

There is no such thing as a common-law marriage.

As the poster above says, a CAB or Independent Advice Centre will be able to offer you more help

Notsosharp

Nope. no such thing as a common in law wife but unfortunately its a very common misconception.....

Don't know the ins and outs of whats going on but you will either need to go down the property law route or the trusts route......

But tbh if you contributed nothing to the purchase price of the land I think you will have a very hard time trying to get something back....

Nicki

anniehanlon wrote: »

I dont know the rules on Common law wives now because i think they have changed just recently to protect people like yourselves. Annie

I don't think the law has changed. The Law Commission recommended a few months ago that it should change to give unmarried couples similar rights to married ones, but that hasn't been translated into a change in the actual law.

I am sorry to say OP that you don't have any special rights to your partner's property or assets just because you have been in a sexual relationship with him for a period of time. In fact you have no more rights than you would have had you been friends living together, or brother and sister.

In the absence of any children, all you can take away from the relationship will be the property which owned before it began, or anything which you paid for during the relationship. Where items are jointly owned (because you both contributed to the cost) then you are entitled to have these divided fairly between you according to the amount of your respective contributions. As you haven't worked for a lot of the relationship, your partner will inevitably come out of the split financially a lot better off than you will.

I would strongly recommend that you speak to the CAB or to another benefits advice service to find out what benefits you will be entitled to following the split, and what help you can get in rehousing yourself.

I am sorry not to be able to give you better news.

belfastgirl23

Did you buy the land jointly? I think this is your only real hope - if your name is on the deeds you own half of it. If it isn't you own nothing. That would be my best guess anyway.

I would say take proper legal advice though...

McKneff

the op says 'we own a plot of land, we live in a caravan.' At no time has she said that the OH owns anything outright. I think in this case, if they bought the land and the caravan together then she is entitled to half.

Nicki

anniehanlon wrote: »

the op says 'we own a plot of land, we live in a caravan.' At no time has she said that the OH owns anything outright. I think in this case, if they bought the land and the caravan together then she is entitled to half.

OP has said that she has worked for only a small part of the relationship, and that most of what they own has been paid for by her partner.

No one has said she is not entitled to anything, but she is only entitled to a share equivalent to her financial contribution to the asset in question, which on her own statement is small. Unless the land is held legally as joint tenants (which in the circumstances of this case, I would think is unlikely), the OP, as a "tenants in common" owner would only be entitled to a share equivalent to the amount she financially contributed to the deposit and subsequent mortgage and building costs, and certainly not to 50% of the value as you suggest.

Katie-Kat-Kins

Do you hold the land as joint tennants or tennants in common??? And is there a mortgage on it? If so whose name is on the mortgage?

Sadly there is no such thing as a common law wife and partners living together but unmarried have no rights. You may be able to recover something but as most of it was bought with his money it may well be less than half. You need proper legal advice, find out if you have a local Law Centre, they should be able to assist.

Fritillary

anniehanlon wrote: »

the op says 'we own a plot of land, we live in a caravan.' At no time has she said that the OH owns anything outright. I think in this case, if they bought the land and the caravan together then she is entitled to half.

Sorry I should have made my post clearer, my head's all over the place atm.
We do own the plot jointly as we have our other homes before. I always paid my way when I was working. Both sets of parents paid the deposit for our first home together.
I suppose what I'm trying to ask is would it be unreasonable for me to want half the value of the plot? I don't want to be seen as moneygrabbing from him because I do realise he has worked really hard for what we have. I do feel though, like you say, that I have worked in the home and well, basically waited on him hand and foot. I have always supported him emotionally through thick and thin.