Common law - do I have any rights??

penny_pitstop

After splitting from my partner of 10 years I have been left with nothing. I was never named on the mortgage of either of our properties as I have a bad credit history, but I paid the mortgage of our flat for almost 7 years. I contributed to household bills, furnishings and upkeep too. I have no way of proving this though.

I have done some research online and it seems I don't have any rights at all.

Now he has everything and I have nothing. Has anyone been in a similar situation or does anyone know if there is anything I can do?

Thanks

LJM

as far as i know i dont think you do unless you have anything in joint names with proof,why dont you pay the CAB a visit

mummybow

HI I really don't know too much about this but as far as I am aware as long as you can prove you have paid towards the upkeep / ownership or the house you do have rights - but like LJM says contact the CAB as they will know for sure.
good luck

Pitlanepiglet

Why don't you have any way of proving what you paid?

You may have grounds to claim a beneficial interest (google Lloyds Bank v Rosset which is the main case), but you will have to be able to prove your contribution and you would almost certainly need to to be prepared to take legal action...

frostyspice

They should teach this at school. There is no such thing as common law marriage. If you want divorce rights, get married first!

And NEVER pay the mortgage on a property you don't own any part of!

tandraig

why oh why do people think there is such a legal thing as a 'common law wife'??? there isnt!
jeez - unless you have that marriage certificate you arent a 'wife' in the eyes of the law!
ive seen a woman who live with a man for over 25 years lose her home and darn near everything because HE thought she was his common law wife - but everything went to his kids by his only marriage - because the stupid !!!!!! never made a will!
arrrggghhh - makes me so mad - if you are not married but living together then make sure EVERYTHING is in joint names - and even that can backfire! but its better than losing everthing! and make sure you can prove you CONTRIBUTE to home.

McKneff

You say you were helping to pay the mortgage but your OH could just as easily say you were paying rent.

charlea

i think you will find that you have no or very little rights there is no such thing in english law as common law wife your either a wife or not a wife but def not a common law wife

http://www.lawontheweb.co.uk/basics/cohabit.htm

things that might help you if you decide to persue a claim
if you have been paying the bills from your bank account or you have any recipts to prove what you bought you need to find them
see if you are on the electrol roll as this may help prove that you live at that address

If you paid the mortgage was this out of your bank account or his if yours you need to get all your bank statement together to prove that you paid it from your account and not his

Are any of the household bills in your name ie water electric phone bill council tax ect ect

good luck

jazzyjustlaw

Depending on your circumstances You MAY have a claim under TOLATA 1996 speak to a lawyer - you may be able to get advice under the Legal Help Scheme.

yoni_one

You may qualify for free legal advice from Rights of Women - full details here : https://www.row.org.uk