Partner Ownership Rights After Separation

Harmonica89

Hi there,

I bought a flat earlier this year. My girlfriend moved in around three months after I bought it after being in her own rented accomodation. I was in separate rented accomodation before I bought the flat.

When I bought the flat, I paid the full deposit (£10500) and I am paying the mortgage (£400 approx) and also bills. I am the sole owner of the property. She has been paying me £150 a month which covers a bit over her share of the bills since nobody can live anywhere for free! This is a fraction of her monthly cost when she was renting elsewhere.

Just wondering whether she would be entitled to any part of the flat after a separation based on this £150 a month despite being unmarried? I have no formal rental agreement in place.

I should also point out that I'm in Scotland so maybe different laws apply. I know this is a pessimistic question but I'd rather be safe than sorry!

G_M

Can't comment on Scotland.

In England the only way she'd have a claim is if she was directly contributing to the value of the property eg mortgage payments or capital expnditure on renovations, extensions etc.

If just running costs (bills etc) and 'rent', then no.

Kynthia

In England she'd have to sue you for a share of the property. To do this she'd need to show that you'd promised this, that her having a beneficial interest in the property was a joint intention you both had at some point, or that she's financially contributed to the property directly. It doesn't sound like any of these are the case here. It might be worth checking the Scotish Shelter website.

izboo

As far as I understand it from the Family Law (Scotland) Act 2006 there is no automatic entitlement for cohabitants to share the proceeds of a house sale if only one of them is named on the title deeds.


There are rights regarding equal sharing of household possessions if it cannot be agreed as to who owns what. A partner can also apply to the court for a financial provision if they can show that their relationship has financially disadvantaged them (e.g. giving up work to care for children and not progressing their career due to this) but any award is a judgement call by a sheriff based on factors such as length of relationship and joint finances (joint bank accounts etc).


However as I understand it none of these rights apply to the proceeds or value of the house that they live in. Title is final. The only case where the partner might be able to claim on the house would be if the title owner died intestate or if they both enter voluntarily into a 'minute of agreement' when separating.


However I am NOT a lawyer.

TBagpuss

Double chekc with a Scottish solicitor but as I understnad it as the property was in your sole name and you were not married then she would have no claim on the propery, although she will be entitled toa share of the contenst bought together.

If you were engaged at any point it is possibel that that might change the position - again I on't know about Scotland but in England someone who was engaged can, in some situations, make an application as if they hd been maried, although there is a time limit.

moneyistooshorttomention

Not forgetting just how short the living together period was (ie only a matter of a few months).

I would think you are worrying unduly and she can't get anything.

Guest101

In essence it comes down to, is the intention that this is a permanent home for you as a couple.


That is often shown by splitting for example the mortgage.