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Legal matters

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Original poster

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:
whistleryukon · 24/10/2021 21:21

@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.

Naive! He's been subsidised for ten years and has had the opportunity the entire time to save up for a deposit to buy his own house, you know, given that his entire rent and bills for the month have been a grand total of £400.

I don't know how much your bills total if you seriously think that the OP has been living a champagne lifestyle from a £400 a month bill contribution.

For example:
Half of council tax - 90
Half of water - 25
Half of gas/electricity - 80
Half of broadband/phone line - 20
Half of sky/Netflix etc - 25
Half of food bill - 200

That's over his £400 already and doesn't include other bills. So he's been living rent free for all these years, lucky guy. And you think he should take even more from the OP?

Mattsmum2 · 24/10/2021 21:55

If you’re not married he has no claim on any of your property regardless of what he has said or paid.

prh47bridge · 24/10/2021 21:55

I'm assuming you are in England, in which case the fact he has lived with you for 10 years does not give him a claim on the house. The reference to 10 years makes me wonder if he's thinking he can claim adverse possession, but he can't because he's clearly had your consent to him living with you.

On the information you've given, he doesn't have any claim against your property.

ItsSnowJokes · 24/10/2021 22:04

He's basically a lodger in the eyes of the law. He has no claim on your house anymore than if you rented out the spare room to a lodger would have.

Get rid of this bloody chancer. Can't believe he expects you to pay off his debts when he has lived so cheaply for 10 years!

Calmdown14 · 24/10/2021 22:08

Go back through your bank statements and see how much he has actually paid in a form which can be proven.
Make a list of your bills, average food spend per month and divide it by two.
Suspect what he has paid will come to a lot less.
Realistically, he hasn't a leg to stand on and is unlikely to be in a position to pay a solicitor. He's hoping to spook you into offering him something to go away.
Best to be armed with facts and figures so he realises he is wasting everyone's time.
Don't acknowledge the cash payments on text or email

asteroommatus · 24/10/2021 22:14

@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.

What?

I live in a 3 bed terrace in northern ex-mining town. My bills are £800 per month not including food. So half would be £400 per month.

Doesn't matter what it adds up to over 10 years. People who rent pay that and more. Still doesn't give them a claim on the property.

How can £400 not gone bills? And why would op have to prove that his £400 went to those bills. He paid only £400 per month for a roof over is head, including bills.

Embracelife · 24/10/2021 22:19

You don't need to prove anything.
His name is not on the deeds. Or mortgage.

He can try going to a solicitor
it will cost him a fortune.

Unless you signed a something promising him a share of the House.

supadupapupascupa · 24/10/2021 22:20

I have a friend whose ex was very determined about not buying a house with her. So even though she was a single mum she bought it by herself. They lived as a couple, him paying a contribution towards things.
Upon their break up he took her to court and won a share of the equity for the time he lived there. They lived as a couple. End of story.
My heart broke for her.....

supadupapupascupa · 24/10/2021 22:24

And if he doesn't have a rent book and own room to show he was lodging you're on dodgy ground. I was always warned about this when I owned my own home.
He CAN get a share of equity if you lived as a couple. I've seen it happen. Get a solicitor!!!!

prh47bridge · 24/10/2021 22:26

@supadupapupascupa

I have a friend whose ex was very determined about not buying a house with her. So even though she was a single mum she bought it by herself. They lived as a couple, him paying a contribution towards things. Upon their break up he took her to court and won a share of the equity for the time he lived there. They lived as a couple. End of story. My heart broke for her.....
In England, living as a couple does not give you a claim on the property. However, you may be able to establish a claim if you have paid for or contributed towards improvements to the property or paid off some of the capital on the mortgage.
GettingItOutThere · 24/10/2021 22:30

get a solicitor. Tomorrow. Do not sign anything.

He should not have a chance, but just protect your asset.

Hes a delight isn't he! Glad you are getting rid OP

Embracelife · 24/10/2021 22:44

He would have to prove

there is no Declaration of Trust you may still be able to show that you should have an interest in the property if you can demonstrate that:

There was a common intention between you that you would have an interest in the property and you have acted to your detriment in reliance of this.

Or

You were led to believe by your partner that you had a beneficial interest and as a consequence of this you acted to their detriment.

In other words you would, in most cases, have to prove that following an injection of capital/cash

familylawpartners.co.uk/blog/property-rights-for-unmarried-couples/

Embracelife · 24/10/2021 22:46

Is property high value?
How much equity is there anyway? You don't need to say but
If a million he may try ... to suggest you promised him beneficial interest
If 50k won't be worth the court fees

nimbuscloud · 24/10/2021 22:49

You need independent legal advice

RockinHorseShit · 24/10/2021 22:52

I've been there with an ex of mine too. Like mine, your exDP does not have a leg to stand on, he's trying it on.

MyOtherProfile · 24/10/2021 23:54

How dare he! What a cheek!

Noeuf · 25/10/2021 01:31

Bills of less than £400 a month, I wish!
124 dual fuel (124)
120 water (244)
258 council tax (502)
50 broadband/phone line (552)
36 contents insurance (588)
Etc - it costs a lot to run a home and eat

madisonbridges · 25/10/2021 01:36

I don't know but if he was paying you rent, isn't that taxable income?

Fere · 25/10/2021 01:51

@madisonbridges not if under certain amount in any tax year, which is 7.5k this year
www.gov.uk/rent-room-in-your-home/the-rent-a-room-scheme

madisonbridges · 25/10/2021 03:24

@Fere. Ooo, I have a friend who was worried about that so that is good news. Thank you.

HeckinMiffed · 25/10/2021 03:36

What a cocklodger! Definitely see a solicitor.
I'd be tempted to call his bluff though..... agree to sell property......to your parents for £2.
Give him £1. Carry on living there 😄

MyOtherProfile · 25/10/2021 06:35

@HeckinMiffed

What a cocklodger! Definitely see a solicitor. I'd be tempted to call his bluff though..... agree to sell property......to your parents for £2. Give him £1. Carry on living there 😄
Genius!
prh47bridge · 25/10/2021 07:46

@HeckinMiffed

What a cocklodger! Definitely see a solicitor. I'd be tempted to call his bluff though..... agree to sell property......to your parents for £2. Give him £1. Carry on living there 😄
If he is entitled to part of the equity in the house, which does not appear to be the case, the amount the OP would have to pay him would be based on the market value of the house. Selling it for an undervalue in this way will not subvert his claim.
saleorbouy · 25/10/2021 07:49

Cohabitation - possessions and finances
Cohabiting couples have no legal duty to support each other financially, either while you are living together or if you separate. Nor do you automatically share ownership of your possessions, savings, investments and so on.

In general, ownership is unaffected by moving in together. So:

if you already owned something before you started to live together, it continues to be your sole property;
if you buy something yourself using your own money, it is your property;
if you buy something together, you own it in the shares that you each contributed to the purchase price unless agreed otherwise;
if your partner gave something to you as a gift, you own it (though proving that a gift was made can be difficult unless there is written evidence).
Again, a written cohabitation agreement can help avoid disputes: for example, by setting out how much you each contribute to a joint account and how ownership of any items bought using the money will be shared.

If you have any debts in joint names (eg credit cards), you are normally each liable for the debt. If your partner fails to pay, you can be pursued for the full amount. You may also both be liable for household bills

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