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Registering Home Rights

16 replies

Porkchops22 · 12/09/2022 22:19

Hi, can someone point me in the right direction in regards to registering my rights to the house I live in with my 2 children (over 18).
Separated around 9 years ago, not married, mortgage in his name only.
He moved out (9 years ago) and I have paid him the mortgage amount each month via standing order (minus a small amount for child maintenance).
He is now making noises about selling.
Thanks for any help.

OP posts:
Theprimeofmissmulroney · 13/09/2022 05:45

Are you on the deeds? If you're not on the deeds or mortgage and are not married, I don't think you have any rights over the house.

MooseBeTimeForSnow · 13/09/2022 06:17

Does he see it as paying the mortgage or does he regard it as rent? If you can prove that you have been paying the mortgage and thus increasing the equity then you might have an argument to receive a lump sum. You’re certainly not entitled to 50% and arguing it may cost you more in legal fees that you would recover.

Did you pay for any work on the house in those nine years?

Porkchops22 · 13/09/2022 07:38

Not on the deeds, no.

OP posts:
Porkchops22 · 13/09/2022 07:44

I'm sure he does see it as paying rent, would it make a difference?
I've paid for plenty from the moment we moved in together (it was our family home that we chose together, I didn't move into his house). Not sure if that is enough though, no extensions or anything, things like new garden and fences, re-tiling kitchen and bathroom, new shed roof, basically most repairs/maintenance.
I've also paid every single bill since we moved in (all in my name only) and he paid just the mortgage (I know that means nothing legally).

OP posts:
Porkchops22 · 13/09/2022 07:45

Sorry my replies didn't tag the relevant people.

OP posts:
Hoppinggreen · 13/09/2022 07:46

Legally it’s his house

prh47bridge · 13/09/2022 08:10

I'm afraid you don't have any rights. You are not married, you are not a joint owner of the house and your children are grown up. You may be able to establish a claim to some of the equity, but it depends on what you have paid for. Paying for repairs and maintenance don't give you a claim. See a solicitor.

RedHelenB · 13/09/2022 08:28

Not much point paying for a solicitor in this instance as it's his house. However, hopefully you can come to some agreement about when you move out and if some of the equity can be yours to allow you to find a deposit and removal costs for a new rental property.

SpoonyMcFace · 13/09/2022 08:33

This happened to my mum's best friend. They didn't have any children together and she had paid for the bills and he the mortgage while they were together. Which was decades. But it was his house.

NothingIsWrong · 13/09/2022 11:20

Are you not just a tenant then? In that case to sell the house he would have to legally evict you. If he hasn't done all the required things for a tenancy he won't be able to do this. Things like landlords gas and electric checks.

If he does want to sell and you don't want to leave, you can make it very drawn out. He may be willing to negotiate for you to leave quickly. Get anything in writing.

ArcticSkewer · 13/09/2022 11:29

ouch!

What was your understanding of the situation? Did you ever agree anything in writing?

Hopefully at least this has been cheaper than renting for you, because it is unlikely you will get anything from him from the house sale. Worth asking though!

MichelleScarn · 13/09/2022 13:34

How over 18 are the kids? Are they his? Just you say 'my kids'.

Porkchops22 · 13/09/2022 16:53

MichelleScarn · 13/09/2022 13:34

How over 18 are the kids? Are they his? Just you say 'my kids'.

Yes, they are our kids, 20 and 22.

OP posts:
Starlightstarbright1 · 13/09/2022 16:55

Was there any previous agreement?

Even married it is usually up to the age of 18...

Porkchops22 · 13/09/2022 16:55

ArcticSkewer · 13/09/2022 11:29

ouch!

What was your understanding of the situation? Did you ever agree anything in writing?

Hopefully at least this has been cheaper than renting for you, because it is unlikely you will get anything from him from the house sale. Worth asking though!

Nothing was agreed in writing.
It was our family home. I already had a mortgage on my home that I had before I met him, so couldn't get on this one.
Incidently, he made me remortgage that one when he was in the shit years ago, promised to pay it back, never did. Nothing in writing, I know, I know.

OP posts:
Porkchops22 · 13/09/2022 16:57

NothingIsWrong · 13/09/2022 11:20

Are you not just a tenant then? In that case to sell the house he would have to legally evict you. If he hasn't done all the required things for a tenancy he won't be able to do this. Things like landlords gas and electric checks.

If he does want to sell and you don't want to leave, you can make it very drawn out. He may be willing to negotiate for you to leave quickly. Get anything in writing.

No tenancy agreement, nothing at all in writing. No landlord checks of any kind have been done.

OP posts:
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