Gf moving out, what is she entitled to?

TBagpuss

She isn't automatically entitled to anything. Because you are not married, if you can't come to an agreement, then a court would look at:
- what does it say at the Land Registry about the ownership of the house?
- Is either of you claiming that there was any agreement between you about owning the property in different proportions to what the LR details show. If so, what evidence is there of that agreement?
- Is either of you claiming that there was a joint understanding / expectation that she would have an interest in the property?
- Is she claiming that she acted to her own detriment (for instance, giving up secure housing, making capital contributions) on the basis that she would have a share in the property?

So,on a strict legal basis, her claim may be limited to being entitled to half of (or half the current value of) any furniture or other items you bought together, plus anything she bought or brought into the property.

However, given the length of the relationship it is reasonable to try to come to a compromise. I would suggest taking into account things such as:
- Would you have been able to afford the house if she wasn't living with you? If she freed up money to allow you to afford holidays, savings, payments int pension etc then it wouldn't be unreasonable to treat that as a contribution and work out a % shore of the property.
- How much would she need in order to move on - for instance, deposit and 6 months rent up front plus moving costs?
- Was her £70 a week 50% of the total outgoings including mortgage? If so, it might be fair to work out what % of the house you owned as equity when she moved in, and start from there (e.g. if when she moved in, the hosue was worth £200K and you owed £150K on a mortgage, you 'owned' 25% of the proeprty at that point. If the house is now worth £200K and the mortgage is £100K then you now own 50%, so you might say you owned 25% to start with, and the remaining 25% you and she built up together, so it would be fair to give her 12.5%, reflecting 50% of the proportion built up together. SO you would pay her £25K, you would have £75K in equity.

Also, on a paractical level, think about what you can afford to borrow and what she needs in order to have a deposit to move on.

Talk to her about what she thinks is fair and see what she says.

Jonno345

Thanks for all the replies! The bills are about 800 a month and everything in the home I paid for myself because pretty much all of it was here before she moved in and all the newer stuff is what I bought. She never saved any of her own wages and spent her money on new cars, new phones etc, that's why now she's got no money for a deposit. How much do you guys think is a reasonable amount to give her?

mattpaint

Help her with a flat deposit? Maybe £1000?

It seems like she's had a free ride for quite a long time and you don't *owe* her anything but it speaks volumes that you're handling this in a mature and decent fashion.

boliston

If you were jointly renting and jointly paying bills what would she have had to pay per month?

It sounds like she has had a good deal as has lived rent free AND mortgage free.

Jonno345

By the way she has calculated that £70 a week for 8 years is about £29k which I understand is a lot of money but she seems to think that she should get about £10k back from me whereas I think thats way too much. She doesn't seem to understand that the £70 she gave me paid towards the things she used.

mattpaint

Sorry, I assumed she was being reasonable. Kick her out and give her nothing. She's paid next to nothing to live a nice life and spend her money on luxuries. Now she has to stand on her own two feet. She won't get anywhere suing you and any solicitor will tell her the same.

boliston

Has she actually gone?

Something tells me that any solicitor she approaches with the intention of claiming 10k after living rent free for years would probably laugh (ok they might have to fight back the laughter)

pinkshoes

Jonno345 wrote: »

Thanks for all the replies! The bills are about 800 a month and everything in the home I paid for myself because pretty much all of it was here before she moved in and all the newer stuff is what I bought. She never saved any of her own wages and spent her money on new cars, new phones etc, that's why now she's got no money for a deposit. How much do you guys think is a reasonable amount to give her?

When you say the bills are £800 a month, what does this include?? (This is REALLY important...)

If it includes the mortgage and she has been paying half, then you have potentially a BIG problem.

Jonno345

No she hasn't gone she's staying in the spare room till she gets somewhere else, I couldn't make her homeless, and to be honest we still get on OK. The only concern I have is that if she ain't happy with what she gets and it goes to court and you hear about how these women get half the house and stuff like that

Jonno345

Mortgage £500, the rest £300