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cohabiting rights query?

Hi

I have a quick query on cohabiting rights.

If someone moves into a property which was bought between a family, the relationship breaks down, but you lived together in that property for a couple of years, does the person have any rights on the property, despite not being on the property name?

any advice is greatly appreciated!

Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Simple answer, no.
  • ACG
    ACG Posts: 24,711 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    More complicated answer, possibly.
    If the person was paying more than just a portion of the bills then there is an argument there could be some entitlement. But chances are if it was only a couple of years then probably not. i think the entitlement would kick in where it is clear people have shared their lives together rather than had a failed relationship. It might be worth speaking to a solicitor as I am just going off some basic info I was told a while back.
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • MobileSaver
    MobileSaver Posts: 4,374 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    As others have said, in the vast majority of cases the answer would be no.

    Exceptions would be, for example, if the person had specifically contributed towards any mortgage payments or contributed towards any material improvements to the property. However even in these special cases the person would only be entitled to a share of the increase in the value of the property since they started contributing; they wouldn't be entitled to any share of the property per se or have any other rights.
    Every generation blames the one before...
    Mike + The Mechanics - The Living Years
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Almost certainly not.
    |Cohabitation doesn't give any automatic rights or claims. If the cohabiting partner wants to claim an interest in the property they have to show that they have made financial contributions and that there was an agreement or joint intention that this would give them an interest in the property. A joint intention can be implied from the parties actions but this would normally only be the case if the contribution were substantial (e.g. paying a lump sum off the mortgage, paying significant amounts over a long period of time - such that it would be unreasonable to think that anyone would do so if it wasn't giving them an interest)

    However, if you are not sure, then speak to a solicitor so you can go into greater detail on the specifics
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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