Cohabiting rights?

getmore4less

You should not get the mortgage payments back or the share of the bills

You should get the share of the property related to the debt serviced, less the outstanding share of the mortgage.

some numbers would help.

ethank

So sorry to hear that he's been unfaithful and assume you have split up. It must feel like he has done this and you are being punished twice.

When the anger has gone, it might be worth seeing if you can talk about this amicably. If he has done this and you've made the decision to end - quite often we all let things come out in an angry way.

If a cohabiting couple splits up, they do not have the same rights to property as a married couple and there is no such thing as a 'common law marriage'. In general, unmarried couples can’t claim ownership of each other’s property in the event of a breakup.You may have a legal case, but it is going to cost you time, money and emotional energy. Is it worth the fight?

You would have to argue to a court, that in the absence of a written document, that you may have a claim to have an interest in it on the basis that a “trust” has arisen. A trust may arise where a partner makes certain financial contributions (for example by paying to build an extension).

In this situation, a trust of this nature is when two (or more) cohabitees have an implied agreement relating to a property, normally based on their behaviour and financial contributions. Both partners may be beneficiaries in a trust - even when nothing has been written down, and the other partner is not on the title deeds of the property.

It might be worth seeing if you can speak to a solicitor - some will talk through the merits of your case for free.

[Deleted User]

Lizzie28177 wrote: »

Apologies, i have work out its been 18 months we have been here.

Yes i have paid for some of the home improvements too.

The overall monthly total of bills including mortgage was £1000 per month, so the first twelve months i paid £250 a month and the last 6 months was £500.

I have worked out of the mortgage so far i have paid £4000 of it, i appreciate its not a lot but its enough for me to be able to start again.

Are you sure about that? How much of that £4,000 is mortgage interest rather than capital repayment?

Slithery

Lizzie28177 wrote: »

I have worked out of the mortgage so far i have paid £4000 of it, i appreciate its not a lot but its enough for me to be able to start again.

In the first few years of a mortgage about 95% of that will be interest payments, you've only actually paid off about £200 of the capital with your £4k of payments.

kazwookie

OP how much do you think you are entitled to?

What has your soon to be exOH said about it?

ThePants999

In order to get anything here, you're going to have to go to court. The costs of doing so will wind up dwarfing what you get. Work something out amicably, or just walk away. Compared to what you would have spent renting, you haven't lost anything.

TBagpuss

OP, what do you think you shpould get?

If you can't agree, you can apply to ourt under 'TOLATA' - you would be asking the court to make a declaration about what % of the property you each own.

The court would have to cosnider
- was there an agreement or jpoint intntion that you would hav an interwest in the proeprty?
- Was there any agreement about what the interest would be?
- If not, waht would be a fair share?

Why did you not get a joint mortage when you moved? That would have ben the obvious, and easist time, to do it? When you bought, was there any discussion woth the solicitiors about your interest in the property?
Do you have any proof ( texts /e-mails anything) that the plan was for you to own the house together?

If you were paying 50% of the outgoings then what you might be entitled to is 50% of the current net equity, after taking of:
1. the mortgage
2. Any ERC, costs of sale etc
3. whatever % of the total equity represents the equity your ex put in.

So, if you ex put in equity from the previous house and that amounted to (say) 25% of the purchase price, he woul be entitled to claim 25% of the sale price, so if the house hasd gone up by £30K, 25% of that is his before you split the rest.

Similarly, with the mortgage you look at how much it has gone down bu,not how much you have paid. For instnace, if you look at the mortgage calculator on this site, if you borrowed £150,000over 25 years with a 3% ibterest rate, after 2 years you would have paid £17,000 to the lender but your mortgage would only have gone down by a little over £8,000...

If you give some figures - how much the house was bought for, how much the mortage was then and now, then people can say what they think you might be entitled to.

PasturesNew

If you'd never met him, you'd have spent £X every month on rent.

On balance, you've not done badly financially. You'd have not been living "for free" all that time. Ditto bills, indeed, as a single person your bills would've been higher.

It might be worthwhile you just walking with your head held high.

Tom99

In order to claim a beneficial interest in the property:

The non-owner can only claim a beneficial interest if either:
1 - The parties have already agreed in writing that such and interest exists or
2 - The partner has made a contribution and there was a common intention between the parties that a beneficial interest was to happen or
3 - There was a common intention that the non-owner would gain a beneficial interest and evidence of express discussion about this and the non-owner has acted to their detriment in relying on this common intention.

Looks like you would fall into category 2

sayitasitis

Firstly I would like to say how sorry I am to hear of your situation.
A very good friend of mines granddaughter has recently found herself in a very similar situation to yours, and eventually decided to take legal advice, as her situation could not be agreed amicably between herself and partner.
I know this can be costly, however I believe that given some expert advice will guide you to the right conclusion.
These situations are unfortunately very fraught, as there are both emotions and monies involved.
I sincerely wish you the very best in moving forward.