Property and wills

MissPop · 9 July 2018 at 11:00PM

Sorry if this isn't the right place to post this, I looked long and hard!

Bit of a sorry saga, but to try and keep it short...

I was in a "common law" relationship (I realise that is not a legal term), cohabiting with a partner for what I thought was the long term. He purchased a house during the relationship, and while I couldn't contribute financially, it was agreed that I would "keep the house" and undertook general housekeeping tasks whilst finishing my uni degree.

He left me at Christmas and I was forced to leave the property we shared. While I completely accept I had no financial right to the property at that point, I was named in his will. According to that will, in the event of his death I would be entitled to half the house.

Basically, do I have ANY recourse in terms of what was assigned to me in the will? I think I've heard mention that common law partners can in some cases claim a portion of the amount of a shared property, even if the original capital didn't come from both partners.

I don't know whether I am still named in the will - I certainly was the last time I checked - but would that have any impact at all on anything I could possibly be entitled to? Would any kind of charge on the property be possible?

elsien · 9 July 2018 at 11:08PM

The will is only relevant if/when he dies. Which presumably isn't the case at the moment.
I think what you're thinking of is having a beneficial interest if you have paid towards the house while living there. This doesn't seem to have happened in any way, and you've saved yourself a lot of rent while living there, so wanting a share of the house as well is a tad optimistic.
Basically he's kept you and now you want a share of his main asset. Not happening, unless there's more you've not said.

AnotherJoe · 9 July 2018 at 11:11PM

I dont see what the will has got to do with anything at all, since as far as you mention, he hasnt died ? I could say I'm leaving my house to battersea dogs home in my will. that doesnt give them the right to come after me now, before I've started pushing up the daisies !!!

You also say you "couldn't contribute financially, so undertook general housekeeping tasks" but all that means is you cleaned up the house and perhaps cooked in a house you were also living and eating in. Again, I dont see why you think that gives you any right to the property.

PasturesNew · 9 July 2018 at 11:15PM

So, from another viewpoint: you've shacked up with some bloke in his house and lived rent free while you had the opportunity to "better yourself" through study ... and now you want some of his house?

I'd give that a big fat "pffft" if I were to be a judge on that one.

MissPop · 9 July 2018 at 11:19PM

AnotherJoe wrote: »

I dont see what the will has got to do with anything at all, since as far as you mention, he hasnt died ? I could say I'm leaving my house to battersea dogs home in my will. that doesnt give them the right to come after me now, before I've started pushing up the daisies !!!

You also say you "couldn't contribute financially, so undertook general housekeeping tasks" but all that means is you cleaned up the house and perhaps cooked in a house you were also living and eating in. Again, I dont see why you think that gives you any right to the property.

Fair enough, and I get what you're saying, I just wasn't sure if there was any 'beneficial interest' for someone named as a devisee of a will in lieu of a legal partnership. I had got the impression from other sources that this may be the case.

It was agreed when the property was bought that I would not contribute financially but that my contribution would come from maintaining the house.

AnotherJoe · 9 July 2018 at 11:31PM

MissPop wrote: »

Fair enough, and I get what you're saying, I just wasn't sure if there was any 'beneficial interest' for someone named as a devisee of a will in lieu of a legal partnership. I had got the impression from other sources that this may be the case.

Things in a will only take effect after death !

It was agreed when the property was bought that I would not contribute financially but that my contribution would come from maintaining the house.

I am impressed by the way you now give the impression the discussion went along the lines "shall I pay you half the mortgage and rates and bills, or do some hoovering instead?" and he chose hoovering, rather than the more likely "I've got no money but am at home half the day anyway, so I'll do some hoovering as long as it doesn't interfere with neighbours"

MissPop · 9 July 2018 at 11:32PM

PasturesNew wrote: »

So, from another viewpoint: you've shacked up with some bloke in his house and lived rent free while you had the opportunity to "better yourself" through study ... and now you want some of his house?

I'd give that a big fat "pffft" if I were to be a judge on that one.

We were together for years, before he bought the house, and I had already started my studies before we started our relationship. I have health issues which impact on my ability to work and he was happy for me to look after the house while finishing my Masters degree in lieu of rent etc.

I just want to know if there is any possibility that I may have a stake in the property, however small. I know it's unlikely, but what if he WERE to pass away and I was still named in the will?

MissPop · 9 July 2018 at 11:34PM

AnotherJoe wrote: »

I am impressed by the way you now give the impression the discussion went along the lines "shall I pay you half the mortgage and rates and bills, or do some hoovering instead?" and he chose hoovering, rather than the more likely "I've got no money but am at home half the day anyway, so I'll do some hoovering as long as it doesn't interfere with neighbours"

I think you've got the wrong impression of me and my situation, but thank you for your honesty...

AnotherJoe · 9 July 2018 at 11:45PM

MissPop wrote: »

We were together for years, before he bought the house, and I had already started my studies before we started our relationship. I have health issues which impact on my ability to work and he was happy for me to look after the house while finishing my Masters degree in lieu of rent etc.

I just want to know if there is any possibility that I may have a stake in the property, however small. I know it's unlikely, but what if he WERE to pass away and I was still named in the will?

Are you planning something like a an unfortunate accident for him ? Dodgy hoover wiring maybe?

best not to posit such a question in an open forum perhaps ?

If you are mentioned as a beneficiary in the will of someone who died, then aside the will being challenged by relatives, or invalid*, you should get (subject to availability) whatever was left to you. Why would you think otherwise ?

* he got married.
It wasn't witnessed properly
Etc

MissPop · 9 July 2018 at 11:51PM

AnotherJoe wrote: »

Are you planning something like a an unfortunate accident for him ? Dodgy hoover wiring maybe? best nit to posit such a question in an open forum perhaps ?

If you are mentioned as a beneficiary in the will of someone who died, then aside the will being challenged by relatives, or invalid, you should get (subject to availability) whatever was left to you. Why would you think otherwise ?

:rotfl: Not at all!

I see what you're saying, I was just wondering, really, if being named as a beneficiary counted for anything in a common law partnership - in lieu of a marriage or any other kind of legal agreement. I got the impression that one may be entitled to something if contributions were made outside of say, a mortgage. I guess it counts for diddly squat (like the relationship!)

davidmcn · 9 July 2018 at 11:51PM

MissPop wrote: »

I just wasn't sure if there was any 'beneficial interest' for someone named as a devisee of a will in lieu of a legal partnership. I had got the impression from other sources that this may be the case.

Can you point us towards these other sources, so we can try to get them corrected?

Property and wills

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