Advice - non married separation

[Roo84]

Hello,
Looking for some advise...
A friend is currently going through a separation. Long term relationship and lived together in a family home which was solely in ex-partners name due to a large proportion of this being equity from inheritance. She would never allow him on the mortgage or to share any finances with him, joint accounts etc. No legal agreements in place between them.

He used to give her £1200 a month towards the household bills / mortgage and has done this for at least 10 years. There is believed to be very little left on the mortgage.

They have children together and they currently co-parent children 50/50.

He did all maintenance at the property, in work to garden which would have cost £30/40k if it had been done otherwise.

He lived in property until recently, still paying as usual. He is now living in a flat which he had previously purchased as a buy to let, and had planned to use as his pension. Solely in his name. The flat is valued at around £200k and her property at around £500k.

In this situation, would he be entitled to put in any claim at all with regards to the property / finances?

No - he has no claim.

They weren’t married, therefore don’t get the same rights / protection.

Just to clarify - she used an inheritance to put down a large deposit, and then had a mortgage solely in her name to pay off the remainder? It's hers.

He used to give her £1200 a month towards the household bills / mortgage
That doesn't count towards the house asset as it's for bills, rent and things for their joint children. It would fall under general living costs.

EDIT - Missed the 50/50

No he's not entitled to anything.

Thanks for replies. He has sought legal advice, two have said he has, one has said he hasn't so isn't sure where he stands.

Nope. Thats what marriage is for.

Although from the sound of it she is likely better off for not marrying him - often it’s the other way around.

Well I think the answer is he doesn’t have automatic right. He can try to ascertain and demonstrate a beneficial interest - but he’d need to prove that it was always intended to be shared/joint/that he’d have a stake and it doesn’t sound like that’s not going to be easy

The fact he was contributing to housing costs, the mortgage and improvements, opens the door to a claim on the family home. She has no claim on the flat.

But establishing this will require legal action. In reality both parties should settle. The house owner should offer enough to get rid of the claim. Something that reflects capital repayments and growth. He should take a reasonable offer.

He could probably try but he would need to prove that 1200 per month was a contribution to mortgage and not just his contribution for living in her house ie rent bills and food etc .
Might cost more in legal fees than he would be entitled to.

I think the bottom line is that he can try to take her to court but it is very doubtful he will succeed. He might try it on to scare her into handing over money though.

The £1,200 per month is to pay living costs of food, bills, children and can be reasonably ignored. It's what he would have paid as a single person just for himself on mortgage or rent anyway.

Mending a dripping tap or wallpapering a room, or cutting the lawn weekly will also be dismissed. What won't be dismissed is if he paid for a conservatory or extension for example and can prove he paid for it, so something that is big and improves the value. She would most likely owe him that back.

So what did he add to the value?

This exactly why when I moved with my OH and paid towards his mortgage, I made sure to stayed pn the DD that it was for the bills AND mortgage. We did marry two years later.

He would have to indeed evidence that his payment was in agreement that some it was expected to me a contribution towards the mortgage. He needs to consider if the costs to take it court is worth what he could, maybe, claim.