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is he entitled to anything?

(86 Posts)
RebelRobin Mon 01-Aug-16 21:22:08

My sisters boyfriend (no kids involved) has left their home. His name wasn't on the mortgage but he paid bills etc through direct debit. His name is on the electoral role and has been for at least 10 years. He now wants his share out of the house, but she says he isnt entitled to anything as his name wasnt on the mortgage. Where do they both stand on this? Can anyone advise? He basically has nowhere to live now and is sofa surfing at friends.

RebelRobin Mon 01-Aug-16 21:24:23

He has a grown up daughter who lives at her mothers house, and he has also contributed to her upbringing when it was needed, and this was why he didnt have his name on mortgage

SillySongsWithLarry Mon 01-Aug-16 21:30:50

If he was just a boyfriend and not a husband, with his name not on the title deeds he is no more than a lodger. He has no claim on the house.

jayho Mon 01-Aug-16 21:31:22

he would need to prove that he had contributed to the mortgage/bills/upkeep of house but as he hasn't any dependents it will be hard for him. If he has contributed, does your sister think it is fair?

timeforheroes Mon 01-Aug-16 21:33:06

Did he pay any towards the mortgage? Or just household bills?

happypoobum Mon 01-Aug-16 21:35:42

Even if he has contributed, if he hadn't been there, he would have been paying rent surely?

I think without children and without his name on deeds of house, once he has left it will be very difficult to make a claim.

My advice to her would be to stand firm and see if he takes it further. I wouldn't waste any money on legal advice until I knew he had bothered.

RebelRobin Mon 01-Aug-16 21:36:37

Well he did contribute to all bills and has proof of money going to her account. He is on the Electoral roll too. He has proof of direct debits and they lived here as man and wife. My sister feels it it her home and doesnt have to give him money. She will have to sell or get another mortgage out. We know she will have to do the solicitor bit but wants to have an idea of what she may have to do.

RebelRobin Mon 01-Aug-16 21:37:36

happypoobum He has already taken it further. To solicitors

jayho Mon 01-Aug-16 21:40:23

From a purely moral pov shouldn't she at least help him with a deposit for rental? Avoid legal shenanigans?

MephistoMarley Mon 01-Aug-16 21:42:26

She should tell him to go see a lawyer. Then swivel.

RebelRobin Mon 01-Aug-16 21:42:32

jayho The whole family says she should meet and draw something up but she wont. I just wanted to show her some threads from here as to what she might expect if she just refuses

MephistoMarley Mon 01-Aug-16 21:43:43

He saved £££ at her expense for years. He's a bloody chancer. Why would he be entitled to a share if he didn't pay towards the mortgage?

jayho Mon 01-Aug-16 21:45:16

My sense is she should meet half way , brighter minds will say if the acknowledges rights in some way

CQ Mon 01-Aug-16 21:45:33

Have a read of this from Citizens Advice.

She should go in to see them or call them if she doesn't understand it or wants clarification. No need for a solicitor in the first instance, I would wait and see what his solicitor comes up with but I'd say it's a long shot from his point of view. It seems to depend on what was said or implied between the two of them while the arrangement was ongoing.

Letseatgrandma Mon 01-Aug-16 21:46:05

The whole family says she should meet and draw something up but she wont.

Her family or his?

I'm with your sister-I don't think he should get a bean!

J0bchang3 Mon 01-Aug-16 22:16:42

I do not think that he would be entitled to anything (if unmarried, not on house deeds, not paid mortgage) essentially he was living like a lodger

However if he thinks he is entitled to something, where does he think the money will come from and how much ???
Savings ?
Sell house ?
Equity ?

MyKingdomForBrie Mon 01-Aug-16 22:18:56

His name wasn't on the mortgage but did he contribute to the mortgage payments or specifically only to other bills?

Were they together when the house was bought? Did he contribute to mortgage? Has he paid for any significant improvement or work to the house?

SandyY2K Mon 01-Aug-16 22:37:05

I dont think he's entitled to half the house and think he has a cheek for asking.
He's just a boyfriend and being on the electoral roll only shows he lived there which is not in dispute.

It's her house, but she should seek legal advice.

Him having nowhere to go is not her problem. That's what happens when you aren't married and you live in your girlfriend's house.

If he were my ex I'd tell him to bugger off.

RebelRobin Mon 01-Aug-16 22:53:59

He doesn't want half. He wants a share that he has put in. He gave money for the mortgage too but he accepts that cannot be traced. He wants a reasonable amount and has been fair so far.
I am quite close to him as I am my sister but she will not mediate and I'm worried thus will be worse for her

rollonthesummer Mon 01-Aug-16 22:55:17

Was it her house before he moved in?

How will it be worse for her?

Joysmum Mon 01-Aug-16 23:04:59

If he's paid half the bills and contributed to the upkeep of the home in time and money for over 10 years then why shouldn't he get a share as he's not been paying a lodger equivalent amount or had as little responsibility as a lodger.

They both benefitted from being together and I'd struggle with the idea that 10 years on he has nothing and has to live on a sofa. How could that be right?

Of course if he hasn't contributed in this way and has only been paying a lodger equivalent amount and not maintained the home then off course he shouldn't get anything.

HeddaGarbled Mon 01-Aug-16 23:08:26

I think you and your family should back off and stop trying to engineer a situation in which she will lose her home. Nasty. She doesn't have to mediate because they weren't married. It won't be worse for her if she doesn't mediate. Oars out, all of you. Any chance you could support your sister while she deals with the break up of her relationship?

EeksyPeeksy Mon 01-Aug-16 23:13:35

My cousin was in the position of this man and did actually managed to force the sale of the house and get half.

She was able to prove she had contributed 50/50 though. If he's been paying toward mortgage I think he should/would be entitled to something but only if he can prove it which it doesn't sound like he can.

It's a tough one.

RebelRobin Tue 02-Aug-16 09:00:50

He can prove it through bank statements. They both looked at houses and they chose the house together. It was a state when they got it and he renovated it. They both worked. They both contributed. He gave half the money and has a few direct debits coming out every month. I don't want my sister to lose her house but it should be fair! He didn't put his name on the mortgage because he didn't want his ex wife to make any claim. I just want some decent real advice from someone who may know/is a solicitor/lawyer.

BumbleNova Tue 02-Aug-16 09:03:50

then she needs to take her own legal advice... these situations are often complex but legally speaking, he has no rights to any equity. it was frankly stupidity on his part not to protect himself legally.

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