Property and wills
Comments
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Can you point us towards these other sources, so we can try to get them corrected?
From https://www.advicenow.org.uk/guides/living-together-and-breaking
"How the law treats any money you contributed to the home you lived in but don’t own depends on what you and your ex agreed or understood between you. Was it a loan – to be repaid at an agreed date with or without interest as agreed? Was it a gift? Or was it a contribution which gives you a legal right called a beneficial interest?"
"If you can prove that you have a beneficial interest (and this is often very difficult to do), this may allow you to get the right to live in the home, to prevent the sale of the home for a limited period of time, to pay the mortgage so as to prevent the home being repossessed or get a share from the proceeds of sale if the home is sold."
I appreciate it is at best optimistic, but I cleaned, I cooked, I bought groceries, I did washing, I painted the house, I gardened, I looked after the dog that he wanted to get (and which I now solely look after, despite not being able to afford it). I just wanted to explore any possible avenue.
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While I completely accept I had no financial right to the property at that point
Not quite sure what happened to this position?
If you were and are still named in your Ex's Will, you may have some rights on death.
If smart your Ex has already changed it if that were the case.I am a Mortgage Broker
You should note that this site doesn't check my status as a Mortgage Broker, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.0 -
Ok, nothing there about Wills though.From https://www.advicenow.org.uk/guides/living-together-and-breaking
"How the law treats any money you contributed to the home you lived in but don’t own depends on what you and your ex agreed or understood between you. Was it a loan – to be repaid at an agreed date with or without interest as agreed? Was it a gift? Or was it a contribution which gives you a legal right called a beneficial interest?"
"If you can prove that you have a beneficial interest (and this is often very difficult to do), this may allow you to get the right to live in the home, to prevent the sale of the home for a limited period of time, to pay the mortgage so as to prevent the home being repossessed or get a share from the proceeds of sale if the home is sold."0 -
I appreciate it is at best optimistic, but I cleaned, I cooked, I bought groceries, I did washing, I painted the house, I gardened, I looked after the dog that he wanted to get (and which I now solely look after, despite not being able to afford it). I just wanted to explore any possible avenue.
Other than painting the house, you'd have done all those in a rented house. You may have rights to the dog.From https://www.advicenow.org.uk/guides/living-together-and-breaking
"How the law treats any money you contributed to the home you lived in but don’t own depends on what you and your ex agreed or understood between you. Was it a loan – to be repaid at an agreed date with or without interest as agreed? Was it a gift? Or was it a contribution which gives you a legal right called a beneficial interest?"
"If you can prove that you have a beneficial interest (and this is often very difficult to do), this may allow you to get the right to live in the home, to prevent the sale of the home for a limited period of time, to pay the mortgage so as to prevent the home being repossessed or get a share from the proceeds of sale if the home is sold."
No mention of wills in those words. Just the monetary contribution. You did say you thought you'd read that being mentioned in a will gave you rights.0 -
.... he was happy for me to look after the house...
To be fair, 98% of what you did you'd have had to do anyway if you'd lived alone - AND pay for it all.
And I bet he did "some things", which you'd have not had the benefit of if you'd lived alone ... even if it was just removing spiders from the bath, cutting the lawn, putting the bins out, dealing with workmen and banging nails into walls.0 -
You need to read that section in the full context of the owner occupier situation and being a second non owner occupier.
if you had evidence that that there was an implied or otherwise beneficial interest then the contents of the will could help back that intent up.
I suspect that now he has changed his mind(about you) that is going to be a lot more difficult/impossible to follow up unless he cooperates.
By putting you in the will that does show some intent but if the place was heavily mortgaged the reality is you would end up getting any equity but be responsible for sorting out the mortgage or selling.
if you want to keep looking you need to get into the legal concepts of things like implied trusts and constructive trusts.0 -
getmore4less wrote: »You need to read that section in the full context of the owner occupier situation and being a second non owner occupier.
if you had evidence that that there was an implied or otherwise beneficial interest then the contents of the will could help back that intent up.
I suspect that now he has changed his mind(about you) that is going to be a lot more difficult/impossible to follow up unless he cooperates.
By putting you in the will that does show some intent but if the place was heavily mortgaged the reality is you would end up getting any equity but be responsible for sorting out the mortgage or selling.
if you want to keep looking you need to get into the legal concepts of things like implied trusts and constructive trusts.
That was exactly what I meant when I mentioned the will, you hit the nail on the head
Thank you for your reply, I know realistically nothing will come from it but to be honest it was a matter of curiosity more than anything.
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PasturesNew wrote: »To be fair, 98% of what you did you'd have had to do anyway if you'd lived alone - AND pay for it all.
And I bet he did "some things", which you'd have not had the benefit of if you'd lived alone ... even if it was just removing spiders from the bath, cutting the lawn, putting the bins out, dealing with workmen and banging nails into walls.
I literally did all those things :rotfl: Washed his pants, cleaned his beard trimmings from the bathroom sink, picked up snotty tissues left dotted around the house...
Maybe I dodged a bullet :rotfl:
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Indeed i think you did. Sounds like a slob and perhaps next time you wont put up with someone with personal habits like those.0
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