Common law partnership ending

Alaina2014

Hello,

Regular board reader but new username to protect anonymity.

10 year relationship has reached breaking point (succinct but I know you all understand it’s never that simple)

Bought property 7 years ago - mortgage in my name only. No children involved.

Partner has always contributed financially towards all household bills including mortgage. (Bank statements would prove this.)

Not sure if there is any equity in the property due to house prices?

I can afford to continue paying mortgage as a single person (may not be able to afford to eat but I’ll deal with that…!)

My question is: Can he make a claim on property or force me to sell? A friend has advised he can only claim if there is equity?

So much going on in my head it’s hard to think rationally.

Thank you for reading - I hope someone can help.

Mojisola

Alaina2014 wrote: »

Partner has always contributed financially towards all household bills including mortgage. (Bank statements would prove this.)

He could claim a "beneficial interest" in the property as he has contributed to the mortgage. It would mean going to court to sort it out so it's best to come to an agreement between you if that's possible.

http://england.shelter.org.uk/get_advice/relationship_breakdown/beneficial_interest

When_the_going_gets_tough

If there is no equity - and remember the costs of selling would need to be deducted first - then there is nothing left to share. I am assuming he is not on the title deeds. Perhaps a valuation and calculation of the costs of selling would convince him informally that pursueing you for a beneficial interest would be pointless?

margaretclare

I doubt if anyone can 'force' you to sell. Best to get proper legal advice.

If he has contributed financially including mortgage, it could be argued that he'd have been paying for lodgings or paying rent to a landlord anyway, so that needn't amount to a claim on the house. But do get legal advice!

BitterAndTwisted

If there is no equity what would be the point of making a claim when there would be nothing to claim against? If the partner would be happy to force a sale then they will have court costs to pay and have to come up with a half-share of the negative equity, if there is any.

I would have thought that the very first step would be to establish precisely what the value of the property really is and go from there. Get a couple of agents round and ask them what they think the property could realistically be sold for rather than some fantasy-get-the-property-on-their books-figure.

bugslet

I nearly split up with OH and the house was in my name solely. I spoke to my solicitor at the time and he was of the opinion that he could go to court and make a claim, but that he would probably be awarded about 10k. Ultimately we did stay together, however.

If it's definitly over, then it's probably well worth half an hour of a solicitors time as they will be able to tailor the answers better to your specific circumstances, and possibly think of our things that are relevant as well.