Cohabiting couple, any rights?

Kynthia

pphillips wrote: »

Actually it is not a matrimonial home as they were not married and this is the wrong terms to use as it relates to married couples / civil partners only. Unlike in a divorce case, a court will only considers the financial contributions to the property and the intention behind those contributions in order to establish whether or not she has financial interest in the property.

Financial contributions is one way of establishing a beneficial interest. Showing there was a common intention that the non-owning partner would have an interest in the property is the other although harder to evidence.

https://www.citizensadvice.org.uk/relationships/relationship-problems/relationship-breakdown-and-housing/if-you-live-with-your-partner-relationship-breakdown-and-housing/if-you-live-with-your-partner-and-you-own-your-home-relationship-breakdown-and-housing/relationship-breakdown-and-housing-beneficial-interest-if-your-partner-owns-the-home/

Rain_Shadow

TheSilentMeow wrote: »

My friend has been with her partner for nearly ten years, but they're unmarried and no children between them. He recently bought a property outright but only in his own name. She used money she inherited to pay for a brand new kitchen to be installed, around £9k, and it's only been installed for about a month. Things have not been good between them recently and she's thinking they won't be together for much longer. My question is, does she have any rights at all and is there any way she can claim her money back for the kitchen if she moves out and they split up?

Thank you

TheSilentMeow wrote: »

There have been cracks for a long time and they've split to several times and then got back together, she's been in denial for a while, trying to make it work. He's twenty-four years her senior, has grown up children, one a year younger than her and has had a vasectomy before they met to ensure her can't have anymore and refuses to remarry. His children believe they ended the relationship some years ago, after being outraged about her being their age, so he's kept her a secret so as not to rock the boat. He pretty much knows it's not going anywhere and her biological clock is really starting to tick. Me and pretty much every other female friend she has is either getting married or having babies. She told me yesterday she feels like she's been left behind and wants to get out once and for all and meet someone she can have a future with. So, no, it can't be saved. She knows full will how foolish she's been spending her money in his property, but she wasn't in a great place.

Do they actually live together? How has he kept his continuing relationship a secret from his children?

MataNui

she doesnt have any automatic rights. Its not the 'matrimonial home' at all. She may though have gained a 'beneficial interest' in the property but unlike with married couples this would be something she would need to go to court to prove.

The court would look at financial contributions but more importantly at other things like the intent behind those. The fact that he has kept the relationship a secret from his kids for a long time and that she knows about that 'could' suggest that they both knew that it wasnt really that serious or likely to go anywhere. The idea that it was more a short term bit of fun 'could' count against her having any beneficial interest. As would the fact that this 'relationship' has been going on for 10 years but he 'recently' bought this house in 'his own name' only.

It doesnt actually sound like they have been living together for much of that time and definitely cant have been living together in this house if he has only recently bought it so i think you can pretty much forget about the 'beneficial interest' angle. If she went to court she may get a judgment that he should repay some or all of the kitchen costs but that would likely be the extent of it and may even end up less than it cost to bring the claim.

Either way its really just speculation. Simple fact is she has no automatic rights and any rights she may have would need to be decided by a judge.

Getting_Organised

I stumbled on this thread and am hoping someone can help me. I am in the middle of splitting up with my fiancee. I moved into her home and we have been splitting all bills and mortgage payements over the past 3.5 years and I have done repairs to the home and have also transferred some of my own savings via our joint account to pay off some of the mortgage . the money was transferred from joint account to lower her mortgage. The relationship has now suddenly ended and I have been asked to leave... am I entitled to any beneficial interest in the property - the property and mortgage was taken out between her and a parent but they have never made any mortgage payments. the property has increased in value since she took out the initial mortgage.
Would appreciate some advice
Thanks

C_Mababejive

When she leaves she could take the kitchen with her and re-sell it to recoup some of her material losses.

TBagpuss

stormbreaker wrote: »

Apologies, I didn't realise the link took you to the shelter website.

As much as they are not married, the property is considered a 'matrimonial' home and she does have rights of occupancy etc. It would be up to a court of law (civil) to decide on what further rights by way of financial compensation she would be entitled to.

No, it really isn't. 'Matrimonial' only applies to married couples.

There are processes whereby an unmarried partner *may* have an interest in a propery, based on contributions and/or joint intentions or agreements, but they are based primarily on Trust Law, not matrimonial law.

Guest101

Getting_Organised wrote: »

I stumbled on this thread and am hoping someone can help me. I am in the middle of splitting up with my fiancee. I moved into her home and we have been splitting all bills and mortgage payements over the past 3.5 years and I have done repairs to the home and have also transferred some of my own savings via our joint account to pay off some of the mortgage . the money was transferred from joint account to lower her mortgage. The relationship has now suddenly ended and I have been asked to leave... am I entitled to any beneficial interest in the property - the property and mortgage was taken out between her and a parent but they have never made any mortgage payments. the property has increased in value since she took out the initial mortgage.
Would appreciate some advice
Thanks

Yes - start your own thread