Splitting up after 10 years - never marrried

[EveningCalls]

A friend has left her partner of 10 years

He is a very high earner doing something to do with gambling. I'm not exactly sure what or if it is "dodgy" but it was important not to have assets in his name so their house in her name, although he has paid for all of it. His income is such that her £40kpa salary has been "pin money" and her only contribution has been to pay for (most of) her own clothes/make up etc.

She has a high end car in her name, also paid for by him.

In addition to her job she has "worked" as hostess for very many business events e.g. large house parties and weekend stays for business contacts etc, so she has contributed in that way although she hasn't been paying for things in the home iyswim

They have no children.

She has no idea what happens now. In his mind all these things are his because he paid for them. The "ownership" documents all say they are hers.

She doesn't want to "take him for all he is worth" she really just wants to walk away and forget him. She wants what's fair but doesn't know what that is.

Can anyone give a few pointers or a starting point?

Thanks

Someone asked me about a similar situation recently. If the asset is in her name it is hers unless he can prove there was some kind of trust or she owes him the money. He may well try to register at the Land Registry that he has some kind of beneficial interest in the property to stop her being able to sell it but at the end of the day there is no reason she cannot argue this was simply a gift. Same with the car.
If she is employed by his company she stays employed even if they split. If he sacks her she can bring an employment tribunal claim. She should wait to be sacked and keep doing any work needed to improve her position.

Basically if you not married the starting point is you each keep what is in your name. So more fool him for putting things in her name.

It says she has left him. that could be very unwise. She must stay living in the property and have him leave by court order if necessary. It is her property and if she gives up possession to him it will be hard to get it back. She could stay and perhaps change the locks and serve him notice to leave (speak to a solicitor first).

she can't stay in the house Mary, her salary wouldn't come close to covering the running costs and she couldnt pay the staff!

She's not employed by him, she has her own (successful in my world) career. She has supported his career by hosting events at their home but she's never been paid to do so. Like an old fashioned politician's wife i suppose.

In that case she should stay in the house and sell it immediately or he will have to pay her its current market value. She should do a Land Registry search to check she is the sole owner and he has not registered any interest over it. She should also look on nethouseprices.com at actually sold prices recently for similar properties near by and on zoopla in case he makes her far too low an offer so she knows true market value.

As he has paid for the house he may have a claim for at least part of its value. But, as Mary says, the starting point is that the house and the car are hers along with any other assets in her name.

Yes, the question will be whether he can prove it was a gift (many many rich men give their women houses - Michael Winner did, loads of them - I would say the gift was the most likely result). That will be up to him to prove. In fact this thread could be used against her to show she knew all along she was holding it on some kind of trust for him so the less she says about that the better.

If she has moved out and it's her property she needs to see a solicitor and put it up for sale ASAP although much easier to sell if vacant so a court order requiring his removal after she's moved back in could be the best tactic and he may then offer to buy it from her if it's his main home.

Hmm. She doesn't want the lot though - she just wants to end up with enough to set herself up in the style of a single woman in her 30s who's earned a reasonable living since she left school.

She won't play hard over the house because people's jobs are at stake - people who she's lived and worked with for 10 years.

Although TBF she can probably do that just by selling some shoes

Exactly and make the offer without prejudice and in writing and ideally see a solicitor first. I think her opening offer should be I am putting the house up for sale how long to do you need to move out or would you like to buy it from me and negotiate from there.

Surely if they are both living in the house for 10 years and he paid for it he will be entitled to a share of it of at least 50%. What does she want exactly if she can't afford to maintain the house?

he will be entitled to a share of it of at least 50%

By no means guaranteed. The house is in her name so the starting point is that it is hers. It is then up to him to show that he has an interest in the property and that both parties understood that it was not intended as a gift.

Which is why anyone living with but not married to a partner should really take some legal advice even before they move in. Plenty of rich men give their women a property as an absolute gift.

It is when they do not (e.g. nancy del O and Sven) that they preserve their assets better - NdO got a lot less than had the flat been in joint names or her name. It was not in her name and she refused to move until the court threw her out recently.

Before moving in with someone who owns property it is worth having it put into joint names if they will agree to that and at least taking some legal advice e g you may be better off paying half the mortgage than paying for the food as the former may suggest it is partly held on trust for you whereas the latter does not. If this man has no mortgage then it will be even harder for him to persuade the court it was not a gift. If you are very rich and want someone you very much want to commit to you but you are not prepared to give her or him the security of marriage then it is common to settle property absolutely on them to persuade them to give everything up and move in with you. So a gift might well have been what was intended. If you don't intend it as a gift you are best advised to have a written agreement and trust deed dealing with all the details.