Advice re non married mum's entitlements on separation?

Soundgirlrocks

Gavin83 wrote: »

I guess technically speaking you're correct, in the same way they'd be nothing stopping me gifting my house to a complete stranger. However as no one ever realistically gives someone a large portion of their property unless they've a good reason to it's basically a moot point.

Therefore I'll stick by what I said, in reality the only way she'll get a portion of the house is if she can prove a financial contribution.

It's not about being technically correct, and it's different area of law from gifting your house to a stranger. It would be up to a judge to decide if a trust had been created, if she decides to go down that route.

Gavin83

Soundgirlrocks wrote: »

It's not about being technically correct, and it's different area of law from gifting your house to a stranger. It would be up to a judge to decide if a trust had been created, if she decides to go down that route.

In that case I disagree with you. Unless he's specifically gifted a portion of the house over or she can prove a financial contribution she'll have no claim.

Soundgirlrocks

http://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest

"if, after discussions with her partner and reassurances from him that he would always look after her, a woman gave up a secure tenancy and her job in order to live in his house and care for his children from a previous relationship so that he could start a new business, and she paid the bills while money was tight, this could be found to be a constructive trust. This means that even if the non-owning cohabitant has not contributed in financial or equivalent terms to the purchase, s/he may still be able to establish a beneficial interest."

Gavin83

Soundgirlrocks wrote: »

http://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest

"if, after discussions with her partner and reassurances from him that he would always look after her, a woman gave up a secure tenancy and her job in order to live in his house and care for his children from a previous relationship so that he could start a new business, and she paid the bills while money was tight, this could be found to be a constructive trust. This means that even if the non-owning cohabitant has not contributed in financial or equivalent terms to the purchase, s/he may still be able to establish a beneficial interest."

This is honestly no different to gifting a portion of your property over, which is what I've already said. Seems we agree on this matter.