Can he claim anything from my cousin?

zaksmum

My cousin's been with her boyfriend for 10 years, living together most of that time, and she has 2 kids with him, aged 8 and 6.

She had her own business before the kids were born and was able to buy her own house. She's moved to better houses twice since, and now lives in a house worth around 400K.

Boyfriend's just confessed to having another woman who he wants to be with, so he's off. He says he can claim for half the value of the house. Neither of them are employed. Can he claim on the value of the house? It's in her name only but he's done work on the houses over the years.

peachyprice

Yes he may be able to, it's called having a beneficial interest in the property.

http://www.civilpartnerships.org.uk/BeneficialInterest.htm

This link is for civil partnership rights, but still applies to co-habiting couples.

zaksmum

peachyprice wrote: »

Yes he may be able to, it's called having a beneficial interest in the property.

http://www.civilpartnerships.org.uk/BeneficialInterest.htm

This link is for civil partnership rights, but still applies to co-habiting couples.

Oh dear...that doesn't look good

Mojisola

If she is going to stay in the house and raise the children, she wouldn't be forced to sell it now but he could be entitled to a percentage of the value of the house when the youngest leaves full-time education. She needs to get good legal advice.

zzzLazyDaisy

The law relating to civil partnerships is completely different from the law relating to co-habiting couples. This is because civil partnerships and married couples have a legally defined relationship which includes legal protection regarding property if the relationship ends.

For cohabiting couple the general law applies. So if the house is in her sole name - and provided they have never entered into a 'cohabitation agreement', then he has no automatic right to a share in the house (note, this is in England and Wales - the position in Scotland may be different)

It is *possible* that he has built up a beneficial interest in the property, by his contributions to the upkeep of the house, but by no means certain. Ways this can happen are if he pays the mortgage (he would need to be able to show a paper trail to the lender, just generally contributing to the household finances doesn't count), or if he has paid for structural alterations that add value to the house such as an extension (decorating and general repairs don't count).

For the moment, in her shoes, I would sit it out and maintain the stance that the house is in her sole name and provides a home for his children, and in law he is not entitled to a share in the house - although the law is changing all the time, so she should take advice on this, and Shelter is a good place to start (they give advice on all sorts of housing issues)

If he decides to seek legal advice and test the case in court, it might be worth her paying him an agreed sum to avoid incurring the legal costs of fighting the claim, but that is further down the line.

peachyprice

zzzLazyDaisy wrote: »

The law relating to civil partnerships is completely different from the law relating to co-habiting couples. This is because civil partnerships and married couples have a legally defined relationship which includes legal protection regarding property if the relationship ends.

.

The CAB link that I posted seemed to imply differently

If only one of the partners is the legal owner, the other (whether married, a civil partner or a cohabitant) may still be able to claim some of the financial value of the property. This is because s/he may have a beneficial interest based on contributions s/he has made to the purchase and/or the intentions of both partners when the home was bought.

Certain people will only have rights because of their beneficial interest. Partners who are not married or civil partners who are not legal owners can only have the long-term right to occupy, prevent a sale or obtain any proceeds of a sale if they have a beneficial interest. This is why it is important to establish the existence of a beneficial interest.

Mojisola

zzzLazyDaisy wrote: »

It is *possible* that he has built up a beneficial interest in the property, by his contributions to the upkeep of the house, but by no means certain.

This is what I thought - he certainly wouldn't be entitled to half the property but he may be able to claim something.

He will also have to pay child maintenance to zaksmum's cousin even if it's only £5 from his benefits.

zzzLazyDaisy

I agree, the CAB info does appear to be saying that the same law applies to all couples, but that is only in relation to beneficial interest generally. The difference is that a married/civil partner can acquire a beneficial interest under statute, which gives them additional rights, whereas a cohabiting partner can only acquire a beneficial interest under common law, which is much more restricted.

Confused? I don't blame you... !!

That is why it is so important to get specialist advice on the specific situation.

Mojisola

Another thought - if he's living off means-tested benefits, they could be withdrawn if he does get a lump sum from your cousin. I wonder if he's thought of that.

skylight

Offer to pay him £6k. Then tell him in the same sentence that anything you paid him will take him over the threshold for benefits so they will be drastically reduced for him and you will have an obligation to prove to DWP that you have paid the money to him. Or he can just go away and you wont claim CSA whilst he is on benefits (as that will reduce his money again).
**Cross posted idea!**


Better still, get your cousin to work out exactly what he has paid for over the years/contributed, get a house valuation and see a solicitor with the figures (so you are not guessing with £). Most offer a free first session. You could argue back that he was a lodger paying in a round about way, his rent. OOOoooo. Fake his signature on a lodging agreement dated back to when he moved in......!!!. OK. Maybe not. The Solicitor and proper legal advice is the way to go.

Sambucus_Nigra

skylight wrote: »

Offer to pay him £6k.

Eh? why would she...oh hang on - just read your sig

Blah blah blah.