Can he claim anything from my cousin?

Gigglepig

I'd suggest to your cousin to get legal advice, perhaps from someone who does 1/2 hr free. Take as much info as possible to the solicitor, so that they can give more specific advice. For example:
- Get approx value of house when ex partner moved in, and compare to current value (free valuation)
- has ex partner contributed financially to any downpayments, home improvements or anything else for the house?
- has ex partner contributed practically to any home improvements, diy - list what he has done
- put down key numbers such as each's income/benefits, who paid for which standing orders/bills

I'd suggest to your cousin to try to work out a fair share of how much the house has gone up in value when he lived there and contributed to improvements.

Gavin83

If she is running her own business and he isn't employed, is he the primary carer for the children?

zaksmum

Gavin83 wrote: »

If she is running her own business and he isn't employed, is he the primary carer for the children?

She no longer has the business, she gave it up when the children came along, but it was as a result of having the business that she was able to buy the house in the first place.

The boyfriend has links to another country and possibly may have plans to return there if he gets the payoff he seems to be expecting.

Gavin83

He'll probably be entitled to a percentage of the property based on how long they were together but certainly not half. It's such a complicated legal issue though that she needs to get herself a good lawyer to calculate what he should be entitled to.

janninew

Gavin83 wrote: »

If she is running her own business and he isn't employed, is he the primary carer for the children?

Good question!

I would think after 10 years and 2 children together he would be entitled to something. I don't think it would wash saying he was the lodger when they have 2 kids together!

Proper legal advice is needed for an answer that can be of any use.

zaksmum

Thanks everyone. I'll tell her to get legal advice then.

notechno

I can't quote laws etc. but my brother was in a similar position last year. He moved in with his ex 15 yrs ago. She already had her own house, but whilst he was there he jointly paid for all usual household bills and also got a £26K loan in his own name for home improvements. However, they had never done anything about putting it into joint ownership

When they came to splitting up, he sought legal advice and was told that although morally entitled to something, legally he was entitled to nothing.

His ex is a decent person and I was never really worried that she would leave him high and dry - she did infact release some funds and he received in the region of £20K

**curlywurly**

She may want to have a look at this: http://static.advicenow.org.uk/files/lt-housing-2010-1208.pdf (with thanks to Mojisola who posted that link on another thread).

zzzLazyDaisy

Just one other thing to throw into the mix....

If he had not been living in your cousin's house, he would have been paying rent somewhere else. So he has effectively had the benefit of living rent free all these years, albeit contributing to the bills and the other expenses.

But the fact is that it is incredibly difficult to prove acquisition of a beneficial share of a house in the sole name of an unmarried partner. There have been lots of cases where the woman has lived with her unmarried partner for many years, and has children, but when the relationship has broken down they have been left with no entitlement at all (apart from CSA depending on the age of the child).

The problem is that while the divorce courts have wide powers to make property adjustment orders, to achieve a fair result, in the absence of a legal relationship the law is the same regardless of whether the other person is a co-habitee or some unrelated house mate. Successive governments have pledged to address this problem, especially where cohabiting mothers of young children are concerned. That's why it is really important to take legal advice because things will change.... eventually....

pinkshoes

If he's seen to have been contributing towards the cost of living (rent, bills etc...), then he could be entitled to half the equity increase since they've been together.

(so any equity she built up prior to him she can probably keep).