Where would I stand if we split?

scottishchick27

I have no intention of splitting up with my partner but after reading another thread wondered where I would stand if I did. Our situation is we have lived together for nearly 10 years. The first year he dossed with me in a rented room of a flat, the next 2 years we lived in a council house and both put the same money each month into an account for bills. When I fell pregnant with our DD we decided to move back to our hometown and buy a house together. We found a house and applied for a joint mortgage but there was something against my name which halted the application. I had to get a credit report sent, by mail at the time, and because it was looking like we wouldn't be able to get the mortgage sorted quick enough we decided just to go ahead in his name only. (Turns out it was a £40 catalogue bill that I had forgotten about from a previous address years ago.) We got the mortgage and he authorised me as power of attorney to sign all papers on his behalf as he was offshore when it was concluding. I wasn't working full time (just 20 part time hours) until my daughter went to school so wasn't contributing to the bills during this time. I have been back in work for last 18 months and all the household bills now come out of my wages. We set up a house hold bill account and only my wages go in there. We live off his wages. What would happen if we were to split up? We aren't married, have been engaged for 6 years, DD is 6. House has doubled in price since we bought it. Any thoughts would be appreciated. :rolleyes:

MoneySavingStudent_2

If ive learnt anything from my mums divorce, things in joint name are better.
If things turn nasty (which unfortunatly they do sometimes) he could tell you to leave the house or sell the house and because its not in your name, i dont think you could do much about it.

hobo28

You are in quite a weak position since the house is not in your name. Technically if you split, the house is his. Since you have been contributing to the bills you can claim part of the equity if you decided to fight it in court. But that is expensive and results are unpredictable.

The fact you have been living together for such a long time, the history and have a child etc. is pretty much irrelevent. If you are not married then all that matters is who's name the house is in and who's been paying the mortgage/utility bills (not food).

My advice is to speak with your BF about getting the mortgage put into joint names.

ailuro2

Or you could slope off to Gretna Green and get married, if you've no intention of splitting up...:p

arthur_dent_2

Get married or change the names on the housing deeds, otherwise I fear you would be entitled to very little.

scottishchick27

Ok, thanks for all the advice, might have to drag him to the registrars. :eek:

margaretclare

Isn't the law on all this different in Scotland? It used to be possible to be married by 'habit and repute' in Scotland whereas this has never been the case in England.

You need to find out 'where you stand' as regards the law where you live.

AMILLIONDOLLARS

Should he die the house would go to his next of kin, mother, brother, sister, daughther,you would have to lodge a formal claim against his estate to recover the money you have paid towards the house and register your daughter rights to her inheritance.

Get married, or get him to transfer equal share of the house to you by putting you on the deeds, this shouldn't be expensive. You'll also need to inform the building society that you are taking over responsibility for your half.

AMD