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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.

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Original poster

Do I have any rights?

15 replies

Trisaratops · 09/03/2022 15:13

Messaging on behalf of a friend.

She has been living in the family home for 14 years. Together with partner 15 years. One child, 10 years old.

They recently split up (he's currently living in a rental) and she wondered what are her right in terms of staying in the family home. Her name isn't on the deeds.

OP posts:

user1487194234 · 09/03/2022 15:23

In England?

StripyOnesie · 09/03/2022 15:23

If they aren't married, none.

Hoppinggreen · 09/03/2022 15:26

She should speak to a solicitor but as she’s not married it’s his house really

HollyBollyBooBoo · 09/03/2022 15:27

Have they got a declaration of trust in place? If not, no rights at all sadly.

prh47bridge · 09/03/2022 17:52

The previous posters seem to be thinking about whether she is entitled to any of the equity in the property, which is not the question asked by the OP. The question is can she stay in the family home.

As there is a child living with her, she may be able to stay in the property until the child is older - Schedule 1 of the Children Act and TOLATA. She needs to consult a solicitor.

Original poster

Trisaratops · 09/03/2022 19:53

Thank you.
Equity isn't what she wants to know. It's being homeless with a part time job due to son still being in primary and no chance of being able to rent (doesn't earn enough at the moment) and definitely not able to buy.

OP posts:

Blackcatsocks · 10/03/2022 22:17

If she moves out can she claim UC?

Viviennemary · 10/03/2022 22:21

Are they married. I would imagine she will be entitled to UC but might need to work more hours depending on the age of her child

dfendyr · 14/03/2022 16:12

Married or not?

NoSquirrels · 14/03/2022 16:23

Not married?

Unmarried: She has no automatic right to remain if she’s not on the deeds and hasn’t contributed to any mortgage payments (& even if she has, proving this will be expensive via lawyers.)

Married: entitled to 50% of the marital assets.

If he’s currently in a rental is he intending to make her and their child homeless? If so, then presenting to council is her best option if she doesn’t earn enough for a rental.

She will probably need to work more hours.

CrabLegs · 14/03/2022 16:23

They will both need a place to live though, not just her. Most people can't afford to split up and keep the same lifestyle level as before.

If I was her I'd start looking for a full time job as soon as possible. She's in a very difficult situation if they aren't married and she isn't on the deeds.

Aquamarine1029 · 14/03/2022 16:25

Not married, she gets nothing.

SnowWhiteLobelia · 14/03/2022 16:26

She needs to speak to a solicitor. As upthread there may be a TOLATA claim, and there is a child in the equation. her exact details need someone qualified who knows the law and knows her circumstances, not a broad brush sweep of people on MN. Hope it works out.

Dillydollydingdong · 14/03/2022 16:26

She'd be considered a lodger if her name isn't in the deeds and she's not married.

prh47bridge · 14/03/2022 17:08

We seem to have suddenly got a load of incorrect advice on this thread (along with some that is correct).

For clarity...

Being married would not automatically mean she was entitled to 50% of the assets. How much she would get depends on a range of factors.

The OP wasn't asking about equity. She was asking about whether she could stay in the family home. As there is a child involved, she may well be able to use Schedule 1 of the Children Act and TOLATA to stay in the family home until the child is older regardless of whether they were married.

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