Advice please who is entitled to house when cohabiting partners split, child involved

Triker

Hi all, just wondered if anyone can advise. Bit long.

A friend of mine was in a relationship, they had a child together. They buy a house together however it's only his name on the mortgage. My friend pays half mortgage and bills, has proof from date they moved in together, about 5 years ago. No deed of trust is drawn up.

They split up, he doesn't pay child maintenance or anything and walks away from house.

She pays mortgage, bills, maintains her child on her own. Has evidence to prove this.The house is still in his name. She tries to transfer mortgage over to her but mortgage company say no, ex says no.

He then turns up one day after 2 years says he's moving back in and there's nothing she can do about it.

He starts using intimidatory and bullying tactics on her and her child, saying he wants her out of his house.

One day he punches her in the head and knocks her unconcious in front of her child.

He leaves, police are called and he is prosecuted for assault.

Then a solicitors letter arrives from him saying she has a fortnight to leave the house with the child.

She goes to a solicitor who says they will take it to court, can she provide evidence that they bought house together as he is saying that it was always his house and that she didn't move in with him.

She provides evidence that they did move into the house as a couple, school records, health/Doctors,bills etc with her details on and the date they were changed to the address in order to prove that they did move in together.Even statements from former landlord who states that they (the couple) left his accommodation as they had bought a house together.

At preliminary hearing at court no mention is made of their child, her court papers providing evidence are lost so its now going to trial.

Now her solicitor has told her that she will lose this case and be made to leave as she really doesn't have any substantial evidence re proving that she moved in as a couple. She will even lose the money that she has paid in mortgage payments as as far as the court will be concerned she did this voluntarily!!!

She wanted to buy out her ex and keep the house.

All appears to rest on the fact that it is his name only that has ever been on the mortgage and that he maintains that they did not move into together initially or buy the house together.

She is frantic and feels her solicitor has been unhelpful to say the least, she will be going to get advice from CAB however she is devastated and has lost all hope.

Please has anyone any suggestions as this whole situation just appears so unfair and unjust.

Thanks.X

Triker

Bumping up in case some haven't seen, would really appreciate any suggestions if anyone has any, cheers

needaspirin

She needs to go to CAB at once. She also needs a new solicitor.

Broken_hearted

If the house is in his name then he should get to keep it maybe paying back any money she can prove she put in.

needaspirin

A decent solicitor will argue that she has a beneficial interest in the home. He will register her home rights and can then prevent sale of the property. The court should also be informed that the couple have a child together and that maintenance has never been paid.

evergreen

not sure if this is of any help, but if the form was filled in for electoral roll, which is produced each year, both hers and his names would be on the electoral roll since the first year they moved in. The local council will have access to old copies. This would at least prove they moved in together, at time house was bought.

Bossyboots

needaspirin wrote:

A decent solicitor will argue that she has a beneficial interest in the home. He will register her home rights and can then prevent sale of the property. The court should also be informed that the couple have a child together and that maintenance has never been paid.

Totally agree and with your other post that the friend needs a new solicitor. Why has the current solicitor not kept a copy of all the paperwork submitted to the court.

However, can we please have clarification from the OP about the status of the property. It is regularly stated on these forums that people are not "on the mortgage". The mortgage and deeds of the property are different things and just because you are not on the mortgage does not mean you are not on the deeds (although other comments made in this thread appear to support the contention that the house is in the sole name of the ex).

Triker

Bossyboots wrote:

However, can we please have clarification from the OP about the status of the property. It is regularly stated on these forums that people are not "on the mortgage". The mortgage and deeds of the property are different things and just because you are not on the mortgage does not mean you are not on the deeds (although other comments made in this thread appear to support the contention that the house is in the sole name of the ex).

Thanks will try to clarify the deeds/mortgage point. Apparently the CAB have indicated the same that she stands to lose everything, will have to move from the property, will not get her money back from her mortgage payments and the best that she can hope for is maybe backdated child maintenance.
It just doesn't appear fair.

I also don't understand how the father of a child can be party to effectively making that child homeless, which will be the situation.

Bossyboots

My friend was stung as the party owning the property who allowed her boyfriend to move in. It cost her £5,000 plus legal fees to keep her house and she had owned it before they even met and were together far less time than your friend and her partner.

I'll be honest, the CAB are brilliant on debt but not many other things and Trust of Land Act is not something I would be happy taking their advice on. I still strongly recommend her at least getting a second opinion on her position if not changing completely. We can only give general advice and opinions here. Without seeing the paperwork and going through the whole story, we cannot know for sure whether there is something else that is steering the advice she has been given but it was lazy, if not incompetent, of her solicitors to release evidence to the court or the other side without keeping copies.

hobo28

It does sound like the solicitor isn't exactly fighting hard on her case but without the full facts its hard to tell.

When my ex & I split up, my solicitor (and hers) advised that if she had paid towards the mortgage and/or bills then she would have been able to claim part of the house from me. The house was soley in my name.

I don't see why the same would not apply in this case. Does she have bills in her name. At the end of the day though, it is HIS house and I think even if she did get something, it may not be a lot and I doubt she will be able to stay there without her ex's permission. I would advise her to start looking for other places to live asap.

sarymclary

evergreen wrote:

not sure if this is of any help, but if the form was filled in for electoral roll, which is produced each year, both hers and his names would be on the electoral roll since the first year they moved in. The local council will have access to old copies. This would at least prove they moved in together, at time house was bought.

She might find this website useful: http://www.b4usearch.co.uk/ to find herself listed on the electoral roll. If they paid council tax they would have been required to list all persons residing at the address.

I would also have thought that her bank statements would go some way to prove any contributions she made - even if it was a regular payment transferring money into a joint account, or simply buying the weekly food shop.

If she can get her evidence together, then I'd give it another shot with a different solicitor.

If all else fails I reckon she should torch his gaff! Well that's what I would do, but I can be a devil of a woman scorned :mad: