Separating from partner - unmarried but I own the home. What rights do I have?

[tiredmumma2025]

I am seriously considering separating from my partner and looking for some advice. We currently live in a house that I own (he is not on the title deeds) and we are not married. We have 2 children living with us who are under 18 (our child and his child from a previous relationship).

What do I need to do to get him to move out? He isn't on the mortgage and we don't have any form of tenancy agreement. As we aren't married, from the research I have done, I understand I just need to give him reasonable notice (for example 2 weeks), and then if he doesn't leave I can simply change the locks. Is this right?

If I sold the house, I think he would need to prove he has "beneficial interest" to get any proceeds from the sale/equity. He didn't contribute to the house purchase in any way (no money for the deposit or for the legal fees). He hasn't contributed financially to any improvements to the house (new boiler, new bathroom, new furniture etc.). He has been paying towards the mortgage and bills - however, I am not sure if only paying towards the mortgage would count as beneficial interest (and he didn't make payments consistently every month).

Just looking for any advice from anyone who may have been in a similar position previously. I am obviously hoping that we can come to an agreement amicably but just trying to make sure I understand both our rights beforehand.

Thank you.

@User74939590 that is totally incorrect

to be completely fair to him I think you need to give him more time to move out, to find a rental and do the paperwork then move in can easily take month assuming he found one straight away. I think you making a one off payment in recognition that his contribution helped you financially would be a good gesture, enough for a deposit on a rental perhaps

I would offer nothing. If he takes you to court then I probably wouldn't bother wasting money on much legal advice and see what the claim was and likely represent myself and see what the judge says. It's unlikely he would get anything.

Don’t offer anything at all at the outset.
He contributed towards ongoing bills and paid occasional rent. Why would or should that give rise to any rights over a capital asset. Absolutely no reason.

Speak asap to a lawyer who specialises in family law.

This is not true.

@tiredmumma2025 I would also advise you seek legal advice, unless someone has been in a similar position they might not be providing correct advice.

As you are not married you will need to speak to someone who advises on TOLATA law, not family law, even though you have a child together.

As your partner has been contributing towards the mortgage then he may be able to claim he has a beneficial interest in the property. But given you only lived together three years this might not be very much. It might not be in his interest to pursue this through the courts as the court costs may outweigh any amount that he may be entitled to.

Whatever you agree to, even if it is this is just the deposit for a rental, I would also advise you have this agreed through a separation agreement.

As you have a child together, and I presume you want to have a continued co-parenting relationship, it is great you are looking to resolve this amicably as in my experience that would be the best in the long term.

He’s renting. He is entitled to zero equity.
Don’t be a doormat.

every time i read threads like this i think well he would have had to pay rent somewhere. he paid rent with you. He's entitled to nothing