separation advice needed concerning house (not married)

fluffy*giraffe*

he lives in England, she has threatened to phone the police

zzzLazyDaisy

fluffy*giraffe* wrote: »

he lives in England, she has threatened to phone the police

Sorry to be pedantic, but is the property also in England, or Scotland? (it's not clear to me whether he has already moved out by this stage)

neverdespairgirl

Is the house in their joint names, or what?

If he's not sure, he can find out online from the Land Registry, by paying £3 or £4. He should do that ASAP.

RAS

fluffy*giraffe* wrote: »

just found out that the tax credit claim is in his name as he pays tax and insurance at work, she works cash in hand.

great

So he has probably been making a fraudulent TC claim (based on his income rather than both income) and he will be hit with any penalty if she shops him, not her.

RAS

fluffy*giraffe* wrote: »

.
bought the house together but she convinced him to put in her name early on in relationship.
his name is on the endowment policy.

She is the sole owner although there must be documentation of the transfer of ownership from joint to sole somewhere.

fluffy*giraffe*

sorry was a bit vague in my first post, just trying to give a few facts without saying to much

house is in England, house bought in joint names but she asked him to sign over to her when she had first child for security as they were not married and she was better at sorting out money affairs. he has not moved out yet, stayed a couple of nights at friends to give themselves a breather as he could feel himself losing his temper a bit. i will get him to find out for certain she could be lying about that, it was a long time ago.

fluffy*giraffe*

RAS wrote: »

great

So he has probably been making a fraudulent TC claim (based on his income rather than both income) and he will be hit with any penalty if she shops him, not her.

oh never thought of that he filled in his bit and she did the rest, he really has been silly to just go along with things. he wants shaking lol. she says it is cash in hand but for all we know she could be legit, dont know her anymore.

fluffy*giraffe*

RAS wrote: »

She is the sole owner although there must be documentation of the transfer of ownership from joint to sole somewhere.

all paperwork has been removed from the house, how can he find this out?

zzzLazyDaisy

RAS wrote: »

great

So he has probably been making a fraudulent TC claim (based on his income rather than both income) and he will be hit with any penalty if she shops him, not her.

I agree, this could get very murky.

However, he *may* have a case for a share of the property:

1 If he can show he paid the mortgage - if she had no obvious source of income and if he can show (by way of bank statements) that he gave her a sum each month equivalent to the mortgage payments, then he may be able to show that he has a beneficial interest in the property

2 He can get a copy of the title deeds from the land registry website which will show the change of ownership from joint names to her sole name

3 the leading case on this issue is Jones v Kernott Supreme court 2011

Summary of case here:

http://www.manches.com/news-publications/jones-kernott-cohabitation

Full transcript of the case here

http://www.supremecourt.gov.uk/docs/UKSC_2010_0130_Judgment.pdf

He really needs to see a solicitor urgently, and get a caution put on the property. This is a developing area of law and there is no guarantee that a high street solicitor will be up-to-speed. Ideally he should see a housing law specialist, but if that is ot possible, make sure that the solicitor has a copy of the case transcript.

Just to be clear, though, each case turns on its own particular facts, so nothing is guaranteed.

Hope this helps

D

RAS

fluffy*giraffe* wrote: »

all paperwork has been removed from the house, how can he find this out?

behind each Land Registry computer file is a large paper file. That will include a copy of any transfer documents.

He needs to start by getting the Land Registry documents though - £3 to download but office hours so do it now.

How old are the children? Does he have parental responsibility?