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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think I don't have a leg to stand on

33 replies

IveBeenVeryStupid · 06/06/2017 15:30

We're separating after 11 years and 2 dc. Not married.

When 'We' bought the house, I was a sahm and with 3 dependents 'd'p couldn't have bought it so he did it alone. I was always getting added on at a later date.

Anyway (you know what's coming) I was never added to the mortgage or deeds. This is despite the fact that I've been back in work for the past year.

So now it's all getting nasty. He said we can stay in the house but he won't put my name on it, obviously I'm not that stupid. He'll be moving away either way so it's not like he wants the house himself.

I was loaned thousands of pounds from a family member for the deposit as well so it's not like I haven't contributed. I'm screwed though aren't I?

OP posts:
Creampastry · 06/06/2017 15:38

Of course not. See a solicitor and don't engage with your ex.

And I would suggest asking to move this to relationships where wiser people can help you.

IveBeenVeryStupid · 06/06/2017 15:46

I felt safer here tbh as he's found my threads on relationships before. I feel stuck.

OP posts:
tornandhurt · 06/06/2017 15:53

Apply now for a home rights notice, then seek advice from a solicitor asap. Don't let him bully you. Dig out whatever information you can in terms of your contributions also.

Allthebestnamesareused · 06/06/2017 15:56

See the solicitor. Get family member who loaned you the money for deposit to give a written statement and document any evidence of this contribution as far as you can.

IveBeenVeryStupid · 06/06/2017 15:59

I think a home rights notice is only if we're married. Family member transferred the money straight into his account.

OP posts:
Collaborate · 06/06/2017 15:59

You can't get a homes rights notice. That's just for people who are married.
I second the advice to see a solicitor. It all depends on whether there is a resulting or constructive trust.

TheNaze73 · 06/06/2017 16:03

I think you'll find a home rights notice only applies if you were married

IveBeenVeryStupid · 06/06/2017 16:03

Seriously I'm not fucking asking for much, he doesn't want to live here anyway. I just want my name on and I'll pay my share.

OP posts:
TheNaze73 · 06/06/2017 16:05

Sorry just saw your updated post OP. My 'O' level in attention to detail & speaking the bloody obvious, comes in handy.
Seek some legal advice, especially around your contributions

FizzyGreenWater · 06/06/2017 16:21

Legal advice.

Proof of transfer of the money from your relative's account to his - should be possible - plus statement from relative.

And don't move out!

This is a good start point:

rightsofwomen.org.uk/wp-content/uploads/2014/10/PDF-guide-to-living-together-and-the-law.pdf

araiwa · 06/06/2017 16:24

are you expecting him to give you half of the house for nothing during a nasty breakup? i doubt he will do that.

if hes moving away he will either sell it or rent it. if you want to stay there you will have to buy it or rent it from him.

legally, your rights will depend on where you live

IveBeenVeryStupid · 06/06/2017 16:27

No of course I don't expect him to give me It, we've only had it for 2 years so there's not much in it anyway. I just want my dc to keep their home.

OP posts:
winobaglady · 06/06/2017 16:30

How old are your children?

requestingsunshine · 06/06/2017 16:31

They will be keeping their home as you've said your ex has said you and the dc can stay there. Who pays the mortgage?

19lottie82 · 06/06/2017 16:34

araiwa what are you talking about, give her half the house "for nothing"?!

Nothing? They were partners for 11 years, she raised their children while he worked. Their children now need a home.

The OP isn't asking some random on the street for Half of their home!

IveBeenVeryStupid · 06/06/2017 16:36

Dc are 6&4.

requesting he has said we can carry on living here but my name isn't on it so I'd have no rights. He's very nasty and would definitely use it against me.
He pays the mortgage because it's his Confused

OP posts:
AdoraBell · 06/06/2017 16:53

Do you have any documents showing the deposit you paid towards?

Chewie198686 · 06/06/2017 16:55

Rather than ask Mumsnet, where you'll probably get a lot of anecdotal 'advice' that won't help I'd probably seek legal advice.

You may also find some help on here.

CotswoldStrife · 06/06/2017 16:56

Did you declare the deposit as a gift and your relative signed away any rights to the property? Because two years ago they would have asked where the money came from in his account?

Ellisandra · 06/06/2017 16:57

Remember that even if he were a perfectly reasonable person, he can't just "put your name on it".
To do a transfer of equity, he needs permission from the lender.

You need legal advice with regards to the money that your relative put in.

ShmooBooMoo · 06/06/2017 17:02

Not sure if it's been mentioned or will help much but is it worth asking those who loaned you money towards the deposit (amount and the purpose for which you borrowed it) to put it in writing so you can at least have some proof of contributing?

ShmooBooMoo · 06/06/2017 17:04

If you have children with the person and they're dependents, surely the law can't oust you? He has a responsibility towards his children?

ShmooBooMoo · 06/06/2017 17:05

Ah, meanwhile apply for rights on the basis you contributed to the deposit and the household ie you've looked after said house and his children while he worked.

Ellisandra · 06/06/2017 17:10

That isn't a basis for "rights". What do you mean by "rights"?
The OP needs to speak to a solicitor to see if the deposit from her relative means she has acquired any interest in the property - which is by no means a given.

BeepBeepMOVE · 06/06/2017 17:13

I'm confused by When 'We' bought the house, I was a sahm and with 3 dependents 'd'p couldn't have bought it so he did it alone. I was always getting added on at a later date.. Did you have 3 children already plus 2 with DP?

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