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Legal matters

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

DP's rights over my house

50 replies

colinthecatapillar · 24/10/2021 20:40

15 years ago I bought a house jointly with my parents. They own a 3rd & the other 2/3 is a joint mortgage between me & them.
It was all legally sorted by solicitors.

Just over 10 years ago DP moved in with me, he pays £400 a month usually in cash but sometimes bank transfer towards bills.
He now insists that he has a claim on my share of the house because he's lived here over 10 years.
Is this correct?
He's not contributed to any house improvements or up keep & I've never suggested he's paying anything towards the mortgage.
He's in debt & wants to sell to pay it off, I've no intention of doing this.

OP posts:
Noshowlomo · 24/10/2021 20:44

See a solicitor ASAP. He could claim the money is towards the mortgage. You need something in place to say it wasn’t.

flowery · 24/10/2021 20:44

He wants you and your parents to sell the house you own with them, in order to pay off his debt?

I’m not going to attempt to advise on the legal position, but you’ve kicked him to the kerb, right? How awful!

SpindelWhorl · 24/10/2021 20:47

I don't think he has a claim if the £400 is for lodgings including bills (and that sounds entirely reasonable to me), but you need a solicitor to tell you that.

At the point you're consulting a solicitor, it's time to ask him to leave I reckon. He'll drain you dry if he's in debt wanting to sell and access your main asset - the very roof over your head.

I'd ask his to leave and ignore his internet MRA legal claptrap. He'll be calling himself a common law spouse and freeman on the land next.

Billybagpuss · 24/10/2021 20:47

He’s chancing his arm. He’s paid in cash most of the time so has no proof. Double check with a solicitor but I think he has ho hope.

Billybagpuss · 24/10/2021 20:48

Ps. LTB

SpindelWhorl · 24/10/2021 20:49

And seriously, hold firm on this.

He needs a document to prove he was paying towards the mortgage. If he wasn't, he wasn't.

£400 a month is absolutely bog standard for lodgings - and bills to be included, it's cheap.

GinIronic · 24/10/2021 20:49

Hahaha. Nice try.

Fetarabbit · 24/10/2021 20:50

Guessing you're not married? In which case, no. It doesn't even sound like he has transferred it every month via a traceable method.

Monsterpumpkins · 24/10/2021 20:50

Did he put a reference on the transfer?

gmailconfusion2 · 24/10/2021 20:56

He shouldn't have any claim, he's not on the deeds or mortgage, but if he asks you to sign anything, don't in case he tries to pull a fast one. I know I made my then DP a lodgers contract when he moved into my house just in case, I didn't think he would, but didn't trust his family, who when I sold it told him and him he was entitled to half as he lived there! (he told them they were wrong). £400 would surely barely cover half bills and food between the two of you

SweetBabyCheeses99 · 24/10/2021 21:00

“He's not contributed to any house improvements or up keep & I've never suggested he's paying anything towards the mortgage.”

£400 a month for 10 years is £48k Shock that can’t have all gone on 50% of the household bills can it (unless you own a mansion). Can you show what you’ve spent this on?

Obviously he’a dodgy to try to get you to pay off his debts but at the same time he was also v naive to live with that domestic situation with you as his landlady and him without any financial protection - and that will prob go in your favour in this situation.

MrsFin · 24/10/2021 21:05

£400 a month for 10 years is £48k that can’t have all gone on 50% of the household bills can it (unless you own a mansion). Can you show what you’ve spent this on?

Alternatively, this is very cheap rent.

colinthecatapillar · 24/10/2021 21:07

Not a mansion unfortunately!

Bills & food have definitely added up to over £800 a month, bills are all in my name & I have paperwork to cover them all.

He's Peter Pan who never wanted to grow up & deal with household stuff. This is the final nail in the coffin, he's leaving I just wanted to make sure he can't claim my house.

OP posts:
swimmingwiththefishes · 24/10/2021 21:08

As PP has said, when he did transfer money to you, did he put a reference such as 'bills' or 'food' etc. That would help you

I can see how £400 would be half of bills and cost of living if everything is shared (ref PP). Our council tax is £250, gas and electric £150, water £50 and food £400 for 3 of us. That's over £800 without getting into petrol, insurance, pet costs and not even touching mortgage.

OP, is £400 roughly half of living costs without mortgage? This would help

I won't advise on the legalities as no idea but I do think the onus is on him to prove it rather than you to prove he did not.

Aquamarine1029 · 24/10/2021 21:11

He's full of shit, but I can't stress this strongly enough, get your arse to a solicitor. Get all of the correct information and get ahead of this. You need to maintain control and hold the power over your shitty partner.

Rtmhwales · 24/10/2021 21:11

If he has no money and a lot of debt how on earth is he going to pay to take this to court? It's massively expensive and he doesn't have a strong case.

Aquamarine1029 · 24/10/2021 21:12

To add, get rid of your partner. He's a scumbag.

pheonixrebirth · 24/10/2021 21:12

I was engaged to my ex, I moved into his house which he bought before we met, together 20 years and had 3 kids together and when we split up I had no legal rights to the home, so I don't think he stands a chance.

Unmerited · 24/10/2021 21:14

If that was money towards the mortgage then he owes you ten years of bills…

CloseYourEyesAndSee · 24/10/2021 21:15

@SweetBabyCheeses99

“He's not contributed to any house improvements or up keep & I've never suggested he's paying anything towards the mortgage.”

£400 a month for 10 years is £48k Shock that can’t have all gone on 50% of the household bills can it (unless you own a mansion). Can you show what you’ve spent this on?

Obviously he’a dodgy to try to get you to pay off his debts but at the same time he was also v naive to live with that domestic situation with you as his landlady and him without any financial protection - and that will prob go in your favour in this situation.

£800 a month could break down as £150 council tax £50 wifi £100 utilities £50 water £450 food Not sure why you think running costs for a house for two people would be less than £800 a month tbh?? That doesn't even include things like contents insurance, vehicle costs etc
WickedWitchOfTheTrent · 24/10/2021 21:15

I'm no solicitor but I'd say he has no entitlement to the house, he's chancing his arm. Anyone would expect him to contribute towards bills, food etc and £400 is very cheap per month to live in a house, be fed etc.

Speak to a solicitor but I think he's taking the piss

Fiftythreepercent · 24/10/2021 21:17

@Rtmhwales

If he has no money and a lot of debt how on earth is he going to pay to take this to court? It's massively expensive and he doesn't have a strong case.
Absolutely

And luckily for you he’s paid in cash other than for bills

Yep time to get a solicitor

He will feel he’s earned a share though I’d consider spending some time with him explaining why he hasn’t and directing him to the relevant case law etc so he can educate himself . Might be time well spent

Disfordarkchocolate · 24/10/2021 21:18

How on earth did he get in debt when he was only paying £400 a month living expenses?

Dillydollydingdong · 24/10/2021 21:21

No he hasn't a claim. If he's paying £400 pm he's saving himself money. Wherever he lived he'd have to pay rent, wouldn't he? He needs to go and get advice from a solicitor, who will put him straight. Idiot.

RipMeKnickersOffYaRandyOldGoat · 24/10/2021 21:21

Get rid.

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