Where would i stand?

amersall

will this help?
Cohabitation - living together

There are over four million couples living together in England and Wales in cohabitation. Although cohabitants are now given legal protection in several areas, they and their families have significantly fewer rights and responsibilities than people who are married or who have formed a civil partnership.
Most people think that, after they've been living with their partner for a couple of years, they become 'common law husband and wife' with the same rights as married couples. This is not the case. In fact, couples who live together have hardly any of the same rights as married couples or civil partners.
There is no such thing as ‘common law marriage’.
If you are living together as a couple, there are steps you can take to protect yourself and your partner. There are also ways to minimise the legal and financial problems which may arise if, as can happen, you decide to separate, or if one of you dies.
You can find out about the current rights of cohabiting couples from Advicenow – an independent website offering information on rights and legal issues. Their ‘Living Together’ campaign is intended to make both opposite and same-sex cohabitants more aware of their legal status. The campaign also provides advice on how to protect yourself and your family, should you wish to do so.
If you would like more information about the differences in the legal position of married and unmarried couples, the ‘Married or Not’ section of the One Plus One website provides an overview.

• Download 'The Rights of Co-habiting Couples' - an introduction from Advicenow (PDF, 176K)

• Help with PDF files

• Married or not - the legal differences Opens new window

olias

I'm sorry, but you aren't helping your case by changing your story with every post.

First you state you have only paid some small bills. Then you stated you have paid £7000 of your inheritance. Now you are saying that you actually paid part of the deposit for the property and believe you have receipts to prove that.

You will have to get your story right and give all the relevant information in order for people to be able to offer useful advice!

Olias

louisebt

I didnt think about the inheritence when i started this thread, part of my disability is to do with memory

By saying i only pay small bills as a regular thing, my inheritence was obviously not a regular thing.

olias

Another point that I don't think anybody has mentioned yet is that if you bought the house about 2 years ago there is a very real chance it is worth less now than it was then, perhaps even in negative equity depending on the size of the deposit.

If that were the case, would you be equally happy to discuss paying your half of the monetary loss the house has suffered or half the debt on it? Responsibilities cut both ways.

Olias

nomnomnom

olias wrote: »

I'm sorry, but you aren't helping your case by changing your story with every post.

Now you are saying that you actually paid part of the deposit for the property and believe you have receipts to prove that.

Actually I deduced from the OP when she said "I live with a guy, 'we' bought this house almost 2 years ago" that she had indeed contributed to the deposit. Or is it me just being daft thinking that when you buy a house with someone you contribute financially??

louisebt - the only sensible reply I think you've had so far is from chewmylegoff.

blckbrd

What would you like to be entitled to OP?

When 'we' bought the house, did 'he' stump up most/all of the money?

When 'you' paid for the patio did 'he' pay for the drive?

When 'he' kept the roof over 'your' head by paying the mortgage did 'you' keep the food on the table/the wolf from the door?

Not sure how 'your' disability comes into things. 'You're' just another unmarried couple with (I'm guessing) unequal finances. Unless 'you' were duped somewhere along the line I'd suggest 'you' work out what it would have cost 'you' to live together in rented accomodation for the same period. Would 'you' have been out of pocket?

seabright

The "thing" you signed to say you'll be living there was almost an Occupiers Declaration, which is for the benefit of the mortgage company - in that document you are stating that your rights rank behind theirs; that is, if they want to reposess, they can chuck you out too, so that document won't help.

It's possible that you have got what's called beneficial ownership. Although the property is in his sole name at the Land Registry (the Legal Ownership) it could be held that he is holding the property on trust for the two of you as the joint Beneficial Owners.

Without knowing all the facts, I can't possibly say if that's true or not, just that it's a possibility.

You need to get ALL your facts and ALL your proof/receipts together and then consult a solicitor. It won't do you case any favours if you go in for a consultation with half the facts. Also, be prepared for it to take a long time to settle and to cost a lot of money, which you might need to pay in advance. Also, if you lose, you'll pay his costs too.

Sorry to sound harsh, but your story has altered a bit from post to post on this thread, so you need to know what you could be facing and what you need to consider.

And don't listen to anyone who talks about you being "common law wife" or similar, assuming you are in England or Wales, that went out several centuries ago.

Morglin

Unless she is on a means-tested sickness benefit (and many disabled are not), then the saving do not have to be declared.

Lin

Milliewilly

nomnomnom wrote: »

Actually I deduced from the OP when she said "I live with a guy, 'we' bought this house almost 2 years ago" that she had indeed contributed to the deposit. Or is it me just being daft thinking that when you buy a house with someone you contribute financially??

louisebt - the only sensible reply I think you've had so far is from chewmylegoff.

The 'we' in inverted commas suggests she didn't contribute directly to the deposit - if she did then surely the mortgage company would have had something to say? Its later that she has changed her story.

As Olias says they will most likely be in negative equity so I hope it cuts both ways with the OP.

dianah

guys.. i don't know why some of you are being so mean.

all she's asking is what situation she'd be in if she decided to leave. i think it is quite sensible to find out what your options are before you make a major decision like that.
yes, they're not married. yes, the mortgage is in his name. yes, she's not working because she's disabled. there's plenty of couples where one of them provides and the other stays at home by choice, not even due to disability.

sorry i can't help - i have no idea what the outcome would be - but whatever you decide, good luck.