Splitting up

Gam2015

So me and my partner of 4 and half years have been on and off the last few weeks. She has been working more night shifts lately and i have become more suspicious etc. The thing I’m wondering is we moved into this new home in February and i put a 100% of my own money down as the deposit and the mortgage is solely in my name and I’ve paid all payments from my personal sole bank account to date. Would my ex partner have a claim against my property? 

Brie

yes - because you are a couple, because you have lived there together.  building a home together isn't just about who has the cash to pay for it.  You could try to mitigate the circumstances somewhat by ensuring you have all the paperwork regarding the source of the deposit at least - I think, but am not sure, that would be ring fenced as yours and only the balance of any capital on the property would need to be split.  At least if the mortgage is in your name only if she leaves the "marital" home that would help draw a financial line in the sand.

Gam2015

Brie said:

yes - because you are a couple, because you have lived there together.  building a home together isn't just about who has the cash to pay for it.  You could try to mitigate the circumstances somewhat by ensuring you have all the paperwork regarding the source of the deposit at least - I think, but am not sure, that would be ring fenced as yours and only the balance of any capital on the property would need to be split.  At least if the mortgage is in your name only if she leaves the "marital" home that would help draw a financial line in the sand.

We wasn’t married though does that change anything. 

[Deleted User]

Not particularly but i would have a conversation with a solicitor as soon as possible because things have a habit of escalating rapidly once a certain point is reached between you.

I think solicitors still offer a short consultation free of charge - but it's a few years since i was in this situation so definitely worth a phone call to clarify and find out.

My situation was similar to yours and i had to pay out, not much but enough to give me bitterness and anger for the next few years.

tacpot12

How is the property owned? Joint Tenants, Tenants-in-common or are you the sole owner?

If you are the sole owner, I don't see why she should have any claim your property. She has to have contributed to the mortgage or the upkeep of the property in a substantial manner.

tightauldgit

Gam2015 said:

So me and my partner of 4 and half years have been on and off the last few weeks. She has been working more night shifts lately and i have become more suspicious etc. The thing I’m wondering is we moved into this new home in February and i put a 100% of my own money down as the deposit and the mortgage is solely in my name and I’ve paid all payments from my personal sole bank account to date. Would my ex partner have a claim against my property? 

Assuming you're not married then I think she wouldn't have any claim if she's made no contribution. 

elsien

Brie said:

yes - because you are a couple, because you have lived there together.  building a home together isn't just about who has the cash to pay for it.  You could try to mitigate the circumstances somewhat by ensuring you have all the paperwork regarding the source of the deposit at least - I think, but am not sure, that would be ring fenced as yours and only the balance of any capital on the property would need to be split.  At least if the mortgage is in your name only if she leaves the "marital" home that would help draw a financial line in the sand.

They’ve only lived in the property since February. I’m struggling to see how eight months of living somewhere gives the partner a share in the property, in the absence of any relevant information that the partner has paid towards improvements in the property that might give her beneficial interest.

In purely legal terms just “building a home together” as an unmarried couple confers no legal rights at all.

What was the agreement when you bought the place, did your partner put anything down towards the deposit, what have they paid towards while you’ve been there?

Scorpio33

Nope, she has no rights whatsoever as you are not married.

She only gets rights if she makes a significant financial contribution (think over half the mortgage each month / paying towards an extension etc). Even if she has made a significant financial contribution, it would have to proven that the financial contribution would give a beneficial interest in the house.

Assuming the house is yours, you've paid the mortgage, you are of the understanding that if you sold it, the proceeds are yours, she is not entitled to anything.

If you are married it would be different.

RobertF82

Gam2015 said:

So me and my partner of 4 and half years have been on and off the last few weeks. She has been working more night shifts lately and i have become more suspicious etc. The thing I’m wondering is we moved into this new home in February and i put a 100% of my own money down as the deposit and the mortgage is solely in my name and I’ve paid all payments from my personal sole bank account to date. Would my ex partner have a claim against my property? 

Is her name in the house deeds?

If it is, she owns half the house even if she hasn't made any financial contribution.

It everything is solely under your name (house deeds, mortgage) and you're the only one who made any financial contributions, then she's got no claim against your property and fairly so.