Rights to a house when you’re not on the mortgage

Chris_English

Reading the OP again, it seems a little more convoluted. OP, you say that your partner was contributing to your business, what do you mean by that?

Businesses are designed (in general) to make a profit, was yours losing money, which was being subsidised by your partner? If you are splitting up, will you actually want to continue to run a business that’s not making a living for you?

Why could you not go on the mortgage? I’m happy to be corrected, but believe that even non-earners can be included on a mortgage, and on the deeds, which is how a great many married couples arrange things.

Living with a boyfriend, contributing bills, and using part of their property to run a business from would not tend to give you the right to anything, but paying for renovations could. Was this a significant sum?

deannagone

I was in a slightly similar situation, not married, child together, I had only just started work at the time of getting the mortgage so I couldn't go on the mortgage or deeds.  My ex paid the mortgage, I paid all the bills, childcare and for food.  I actually paid more per month than he did.  But when we split, unfortunately, I just walked away with the clothes on my back.  

But I also hadn't had to pay any rent.  So as always, I suppose its swings and roundabouts although it doesn't feel much like it at the time.  I do know he made quite a lot of money when he sold the house shortly afterwards.  One of those live and learn situations.  

charlotteo1988

Really random but there is a lady called the legal queen on TikTok https://vm.tiktok.com/ZMLNjggym/

she also has a YouTube page and gives advice on all sorts of problem and legal issues. 

But just to also say you could of gone on the mortgage me and my boyfriend have two children together I stay at home and look after them and he works full time. We are both on the mortgage and deeds. You could have gone on the mortgage but your income perhaps wouldn’t of been included as you hadn’t been self employed for long enough. 

Good luck hope you sort it all out. 

MobileSaver

Elousarah said:

I have 2 children who are 13 and 17 and we have lived as a family. ... can he make me and my children homeless? 

I can't see any point in sugar-coating this and giving you false hope and so to be honest it's likely that yes he can "make you homeless."

Legally your partner has no financial obligation towards you or your children and so it could be argued that you should have been paying a larger share than him of the monthly household bills - has this been the case?

As you didn't mention it, I'm assuming you did not contribute to the mortgage deposit?

Depending on what the "renovations" were there may be some scope for negotiation of a cash settlement if they've materially added value to the property. Redecorating a room or even fitting a brand new kitchen because you both wanted shiny new appliances probably wouldn't count but adding an extension or similar substantial improvements possibly would.

Being pragmatic, in your shoes I would start looking for a rental property right now to give you as much time as possible to make a relatively calm informed decision rather than a last-minute panicked decision following a huge domestic argument...

SusieT

A very difficult situation for you to be in. Echo the others in that you may have a small claim depending on how much you contributed to the renovations and better if you contributed to the deposit, but without that of it he could argue that he paid everything. 
Looking at the opening post, you say the children are 13 and 17, but that he has been your partner for 7 years, therefore I assume that the children are from a previous relationship? If so the "family" angle will not be much help for you as he will argue that they are nothing to do with him, therefore not his responsibility. 
The situation sucks, and it is well worth you contacting both shelter and the local housing department to see what your options are, plus looking to see if you can find somewhere for your business to move to. I really hope you can find a way out of this that lets you move on and make a success of your business.

Thrugelmir

deannagone said:

I was in a slightly similar situation, not married, child together, I had only just started work at the time of getting the mortgage so I couldn't go on the mortgage or deeds. 

Missing some information here. There's no requirement for both parties to have an income when applying for a joint mortgage. 

MobileSaver

Thrugelmir said:

deannagone said:

I was in a slightly similar situation, not married, child together, I had only just started work at the time of getting the mortgage so I couldn't go on the mortgage or deeds. 

Missing some information here. There's no requirement for both parties to have an income when applying for a joint mortgage. 

To prevent this thread going off on a tangent, there is a crucially important difference between @deannagone and the OP's situation; the OP's partner of 7 years is NOT the father of the two children.

charlotteo1988

MobileSaver said:

Thrugelmir said:

deannagone said:

I was in a slightly similar situation, not married, child together, I had only just started work at the time of getting the mortgage so I couldn't go on the mortgage or deeds. 

Missing some information here. There's no requirement for both parties to have an income when applying for a joint mortgage. 

To prevent this thread going off on a tangent, there is a crucially important difference between @deannagone and the OP's situation; the OP's partner of 7 years is NOT the father of the two children.

No I get that, but I think the similarity is that they both not on the mortgage with their partner excluding any children from a previous or existing relationship. 

But yes no point going on a tangent as having children with you ex partner does make a difference in the outcome compared to being a ‘step parent’ as it were. 

Either way good luck to both of you. And if your even in that situation again you can still be on a mortgage so don’t be told you can’t. 

TBagpuss

OP, Did you ever sign any form for declaration of trust to day that you had an interest in the property even though your weren't on the deeds?
If not, then you might potentially be able to make a claim on the property if you an show that there was a mutual intention or agreement between yo and your partner that you both had an interest in the house. Making contributions isn't, on it's own, enough to establish  claim although depending on the value of the contributions it can be strong evidence .

Have the contributions been more than you would have spent on rent if you hadn't been living together? 

If he does want you to leave then it's reasonable for him to give you reasonable notice - on a practical level I suggest hat you start looking for somewhere to rent asap, that you check to see what (if any) help you might qualify for (e.g. Universal Credit) as a single person https://www.entitledto.co.uk/ and try to negotiate.

The fact that your are/were engaged does put you in a slightly stronger position than if you were simply cohabiting, but ultimately the issue is going to be whether you are entitled to any funds and if so how much, either way you are likely to need to leave the property 

Thrugelmir

MobileSaver said:

Thrugelmir said:

deannagone said:

I was in a slightly similar situation, not married, child together, I had only just started work at the time of getting the mortgage so I couldn't go on the mortgage or deeds. 

Missing some information here. There's no requirement for both parties to have an income when applying for a joint mortgage. 

To prevent this thread going off on a tangent, there is a crucially important difference between @deannagone and the OP's situation; the OP's partner of 7 years is NOT the father of the two children.

You've taken the topic off tangent. My comment is factual.