Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Cheating partner need legal advice

5 replies

Suki84 · 01/02/2020 23:04

My cheating partner of 9 years has left me after years of emotional abuse and lying. The house is in my name and I quit my well paid job to have 2 kids. However he paid the mortgage and bills. when I was working I paid for all decorating and furnishings, garden upgrade and side extension. He has cheated and left me with a 4 year old and 6 month old baby. What legal rights does he have over my house? can he ask for the money back even though we have 2 kids

OP posts:
Collaborate · 02/02/2020 07:40

This is too complicated to be dealt with here. You need to see a solicitor. The answer depends on many things.

user765 · 10/02/2020 23:16

Hi, hope you’re ok, just wondering whether you got some legal advice? Your house is in your name so you are the sole legal owner and it would be up to your ex to prove he has a claim on it. It is possible that he could, if he could prove that you purchased the house together with the intention of it being a family home, I.e. there was an implicit trust that you would both ‘own’ it in practice. However, if he left this home willingly then you can argue that he has therefore removed his interest in the property. The court will look at the conduct and intentions of both parties when purchasing the house. I am assuming you were not married?

You also remain there with the children, and he has a legal responsibility to house his children, so this will be taken into account.

You say he paid the mortgage - was this paid from his bank account? Can he prove that he contributed to the mortgage? Or if he paid you money, could that be for other things- presumably you are looking after his children?

If he did decide he wanted to lay a claim on the house, it would be very difficult for him to actually get anything out of it. He may be able to claim for a proportion of the proceeds of sale when the house is sold, but he would not be able to force the sale of the house to enable you to release this money until both children are 18 years old; plus, since the house in your name, it would be even more difficult for him. It may be that at the most he could get his contributions back minus costs associated with the children with statutory interest added. Technically if he was living in your house he should be paying some money towards the property anyway.

It is complicated and he could make some claim but I doubt he would get anywhere with it and if he did succeed, it probably wouldn’t be worth his while anyway. I am basing this on you not being married though - if you were married then it is a bit different. Xx

Collaborate · 11/02/2020 07:41

However, if he left this home willingly then you can argue that he has therefore removed his interest in the property.

This is not what the law says. Where did you get it from?

user765 · 12/02/2020 19:02

It’s part of ToLATA but that would not do on its own; it depends on the context. The court imputes intentions. For example if he left the home willingly to set up home with someone else, stopped contributing financially and began contributing to another home then it could be imputed that he removed his interest. In the eyes of the law you can only have one ‘home’. Also, if a person then makes capital payments on another property and benefits from that, they can not expect to also get the benefit of a property they have not contributed to. It is worth reading the case law for the nuances. X

Collaborate · 12/02/2020 21:49

That’s really not correct at all.

New posts on this thread. Refresh page