Can he claim anything from my cousin?

zzzLazyDaisy

pinkshoes wrote: »

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).

That sounds like common sense... but that's not how the law works. Paying rent and bills would never give someone a share of the equity. If that were the case a lodger or tenant paying rent and bills would be able to acquire a share of the equity, as a cohabiting partner does not have any higher rights than any other unrelated person (in England and Wales).

zaksmum

It's a minefield then isn't it. I suppose all individual circumstances need to be considered. Legal advice is definitely needed...as she's on benefits would she get legal aid for this?

**curlywurly**

I don't think so. See here: http://www.direct.gov.uk/en/Governmentcitizensandrights/GettingLegalAdvice/Gettinglegaladviceandlegalaid/DG_195390 (there is a click through to an eligibility calculator but it doesn't seem to be working).

The problem as I see it is that she has got to wait to find out what the ex is going to claim.

If she wants to be proactive, she could seek legal advice as to what the ex may be entitled to, and then she could either (a) sit tight and see what he does about it (but at least she has the knowledge of what she might be up against, having taken advice or (b) be proactive, and make him an offer, or at least offer to mediate the dispute, based on the legal advice.

The solicitor may say he is entitled to (for the sake of argument) £50k. IN which case she may want to give him that to make him go away. OR she may wish to keep quiet about that, and hope that the ex hasn't got the money or inclination to fight a legal battle. OR she may wish to make him an offer of half that in order to keep the peace.

There are a lot of high street solicitors who will give half an hour's free advice.