unmarried couple with child -separating

[sneezecakesmum]

My BIL and his partner are splitting up after 17 years together. Their house is jointly tenanted and has a mortgage on it they both have paid. Their daughter is 16 and expects to go to college until she is 18. My BIL has left the home. His partner is threatening to burn his clothes and change the locks. She say she is entitled to 80% of the house, half his business (exclusively in BILs name) and the contents of the house!

BIL hasnt seen a solicitor yet because of the holiday and is very worried.

Does she work? What assets do they have?

If the property is in joint tenancy the presumption is 50/50 split but this will depend on earning capacity and other assets available to them.

If she burns his clothes he can deduct the value of replacement cost from what she gets from him. And she can't change the locks, if she does he can get a locksmith in.

Hi. BILs partner works now, though she didnt for most of their relationship. BIL bought her ex out when they first got together from the proceeds of his house and a loan in his name, and paid the mortgage when she didnt work. She has worked for the past 6 years and insisted she paid the mortgage and general bills from an account in her name.

BIL paid household expenses, holidays, cars and large items (boiler etc). The idiot didnt keep receipts! The partner thinks she gets most of the house because she has paid the mortgage for 6 years!

Will he keep the proceeds of the (small) business if he sells? She hasnt contributed in any way. Why should he pay her anything?

The only assests they have are the house, cars, his business and a horse!

Its very confusing, I thought it was all to do with who paid what when you are not married. Have the rules changed so that unmarried couple have the same rights as divorcing couples?

They are not married, so he is entitled to half the proceeds of sale of the house. End of story.

His business is his.

As they are not married, she can't claim anything of his, and vice versa. The only thing they have together, save for a child, is a house, and they need to work out who buys the other one out, or when it's going to be sold.

Earning capacity and other assets are irrelevant to what each are entitled to receive from the proceeds. What arangememts they made for payment of household running costs before the split are irrelevant. Only if one of them, say, came in to an inheritance and paid off some of the mortgage/built an extension would there be any suggestion that the 50/50 split as per the deeds is not conclusive.

Thanks resolution
What you say does fit with some of the things I've looked in to already (very confusing though), but the non SIL is as vindictive as they come and has always managed to manipulate poor BIL into coming back to her. She only wants him for what he can provide and threw him out just before christmas with nowhere to go. I previously thought divorce parity should be brought in to unmarried couples, but am so glad for BILs sake they are not as she would happily have seen him leave with just the clothes on his back.

He is seeing a solicitor after the new year but think this will put his mind at rest.

Believe it or not, I picked up a very useful leaflet from the library as to what an unmarried couple is or isn't entitled to. Might be worth asking the library. Also, some household insurances have access to legal advice as part of the legal insurance you tend to buy as an extra.