Query Regarding Living Together - Not Married

[Lemonylemon]

I'm asking, but it doesn't relate to me personally. I'm probably right in thinking it shouldn't go on this board, but in legal... but for starters...

Work colleague has lived with her partner for about 15 years. Her son is 18-19 (not the son of the partner). Said work colleague has house in her name, mortgage in her name, bills in her name, etc. etc. The partner used to do the school runs with the son and look after him after school. The partner earns not very much and pays for the petrol for the car, but I don't think he earns very much more.....

Does he have any rights to the property? I know that the 2 year rule is a fallacy, but this couple have been together for a lot longer than that....

Answers on a postage stamp?

If he's been paying rent regularly and can prove that this money has gone towards payment of the mortgage, he may be able to claim partial entitlement to the property. Likewise if he made a contribution towards the original deposit or if he's paid for major repairs or improvements. Otherwise, one person has no claim on anything owned solely in their partner's name, regardless of how long they've cohabited unless claiming maintainence for children.

Does your colleague suspect her partner is about to leave her and try to claim rights on her home? if so she needs to speak to somebody at Citizen's Advice and/or a solicitor.

Morally he should, IMO, but it depends whether he can prove what his money contributed to.

I think that she's been very clever. His name is on nothing. He pays petrol to and from work.... Not sure if he's contributed to repairs etc.... but will find that one out.....

Many thanks for your replies.

If the property is in her sole name and it's her sole name on the mortgage, he has no entitlement to the property nor, in the absence of a rent book, does he have any entitlement to remain in it without her consent.

In these circumstances if, for example, he refused to leave the property when requested to do so, she could call the police who would effect his removal immediately.

As they are not married and have no dc together, it's highly unlikely that he'll have any claim in law against her - although, of course, that may not stop him implying that he has a case or otherwise attempting to extract some payment from her for 'services rendered'.

FWIW, IMO she's not just been clever - she's been eminiently sensible.

emininently!

Izzy, I hear you. I would protect myself too. But ... apparently they're hoping to get married this year......

FWIW - I've never understood why they're together....

What's the 'two year rule'?

He definitely wouldn't automatically have any entitlement if they're not married, but he possibly could make a claim to some share of the house if he's been making regular contributions to the mortgage, it would then be up to the court to decide.

I agree she should get proper legal advice if this is likely to be an issue in the near future...

Ephiny - a lot of people mistakenly believe that there's a right to property if they've lived together (unmarried) for 2 years.... I was just pointing out that I knew that.

I hope your colleague has given some thought to the legal consquences of marrying and, in particular, to making a Will because, as inheritance law stands, should she die intestate he'll get the first £125,000 plus all of her possessions and will have a lifetime interest in the remainder of her estate.

If she hasn't done so already, I'd advise her to make a Will prior to the marriage to come into effect after the ceremony as it's not unknown for one of the happy couple to die on honeymoon

As they are not married the starting point is what it says on the deeds. Everything is in her name so it is hers unless he can establish a common intention that he would be entitled to a share. He could establish that by showing that:

• there is an agreement between them to that effect
• he has contributed towards the purchase price
• there has been an "understanding" and he has acted to his own detriment as a result by, for example, contributing to mortgage repayments or paying household bills

I can't say for certain what a court would decide but, on the information you have given, I don't think he currently has a claim on the house.

That will change if they marry. If they subsequently divorce the house will be one of the assets of the marriage and will go into the pot to be split between them. That doesn't necessarily mean he will get half of it but he will probably be entitled to something.

By the way izzyisin is incorrect on intestacy rules. If there are children and she dies without making a will he will get the first £250,000 plus her personal possessions and a life interest in half the remainder of her estate. If there are no surviving descendents there are parents, brothers, sisters, nephews or nieces he would get the first £450,000 plus her personal possessions and half the remainder of her estate. This, of course, assumes that they are married when she dies. If they are not married and she dies without making a will he won't get a penny.

Many thanks for all your replies.....

I know inflation is through the roof but, bloody hell it's now a quarter of a mil?

I'm indebted to you for pointing out my error bridge

Another 125,000 reasons why your colleague should make a Will. Lemony.