Lived with a guy for 7 years, had kids with him and splititng up

Daddyo

Hi All,

Not sure if this is the right place to post this but hey-ho!

My sister is living with a guy, and has done for around 7 years. They have two kids together (4 and 1) and were due to get married in June this year.

However, he has begun having doubts about their future together, let alone getting married. Basically he is treating her nastily now (I hope to God not physically) and we think that he is trying to provoke her to move out.

When they got together he had a house and they live there still. He had got the mortgage and it is still in his name. Since she has lived there she has contributed financially to the house and food and the kids too.

Does she have any rights to the house or indeed anything should she move out (which is what he wants)

Thanks for any thoughts,

Daddyo.

G_M

She needs a solicitor.

He has obligations to support the kids.

She may have rights to the property if she has contributed significantly to it (not just food and running costs, but capital costs like repairs, mortgage payments, costs of improvements).

Solicitor!

Daddyo

Thanks G_M.

theGrinch

on a prima facie basis, common sense would suggest there are rights there, but as G_M has said, she must engage a solicitor with a distinct competence in this area.

Bluemeanie_2

Very unlikely any legal rights, as Burns v Burns established in 1984. Some courts have granted a variety of "constructive" and "implied" trusts based on usual circumstances. However, the costs of getting a case like this to court, often outweighs any equity.
I have seen in recent years, if you visit a high street solicitor, they may send her ex a letter with a load of jargon implying she is entitled. And based on most of the general public's understanding that "common law marriages" etc exist - despite the fact they don't or "if you live with someone for 2 years, you're entitled to the same legal rights etc", he may well get scared and agree a payout if they can play on his ignorance? Worth a shot.

mikthe20

Unfortunately for her it seems a test case recently demonstrates she is unlikely to be able to get anything out of it by law (but she should obviously get proper legal advice, and the father must of course provide maintenance for the kids if she has them more than him): http://www.telegraph.co.uk/news/uknews/law-and-order/9822039/Property-laws-for-cohabiting-couples-unfair-judge-says.html

Bluemeanie_2

mikthe20 wrote: »

Unfortunately for her it seems a test case recently demonstrates she is unlikely to be able to get anything out of it by law (but she should obviously get proper legal advice, and the father must of course provide maintenance for the kids if she has them more than him): http://www.telegraph.co.uk/news/uknews/law-and-order/9822039/Property-laws-for-cohabiting-couples-unfair-judge-says.html

Indeed. This only demonstrates that's nothing have changed since the landmark ruling in Burns v Burns (1984). I really don't now where this urban myth of people being entitled etc comes from.

Kynthia

Op, I don't mean this as a criticism but marriage is more than just a piece of paper. It is protection, particularly for the partner who's name isn't on the property deeds or the one who earns less money when looking after the children. Couples should really think about getting married before children or putting other measures in place to protect each other should the relationship break down. There's no such thing as 'common law marriage' in England.

She definitely needs legal advice. Without being married she will have difficulty claiming any of the property and may even have no rights to stay in the property should she be asked to leave. I've been told that she will need to prove that she directly contributed to the mortgage or any major works on the property but that might be out of date knowledge. However I'd really recommend that she get the advice before moving out in case it makes a difference.

Old_Git

before she get the solicitors involved she needs to be sure the relationship has ended for good .

Kynthia

Old_Git wrote: »

before she get the solicitors involved she needs to be sure the relationship has ended for good .

I dissagree. Knowing your rights and preparing for the worst doesn't have to mean it's over but might make a difference if it is.

BigAunty

The Shelter website has good basic info on their relationship breakdown section about rights and options.

Domestic abuse isn't just about physical abuse, btw - see the Womens Aid website for what is considered to be domestic abuse. It spans all kinds of pressure and control - psychological, financial, emotional and so on.