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Relationships

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Original poster

is he entitled to anything?

85 replies

RebelRobin · 01/08/2016 21:22

My sisters boyfriend (no kids involved) has left their home. His name wasn't on the mortgage but he paid bills etc through direct debit. His name is on the electoral role and has been for at least 10 years. He now wants his share out of the house, but she says he isnt entitled to anything as his name wasnt on the mortgage. Where do they both stand on this? Can anyone advise? He basically has nowhere to live now and is sofa surfing at friends.

OP posts:

Rangirl · 02/08/2016 14:58

I think this is a bit of a ticking time bomb to be honest The Law has not caught up with the way people are living their lives now Marriage may be seen as only a piece of paper to some but without that piece of paper you will need an awful lot of pieces of paper to give you the same rights
And it is still not as safe eg make a Will /change your Will
And as for relying on your DP to do the right thing ,while people might be happy to do that ,and I would never disparage their choice ,in my experience people say why is my legal entitlement Right I'll have that thanks
As more people die after being in long term but unmarried relationships there will be more hard cases
And if your DP has children from a previous relationship or is not legally divorced ....

Kit30 · 02/08/2016 15:03

Doesn't sound like your problem really OP. Your sister sounds like she's made her mind up and on the face of it she isn't wrong. He's taken legal advice too so is clearly able to look after his own interests. I realise you're close to her ex as well as her and want to see fair play but I'd take a step back and let them deal with it. You can't take sides without alienating one of them, or both. Best thing you can do is tell everyone else not to interfere and give them some space.

peggyundercrackers · 02/08/2016 15:24

IME he will win his case especially if they are in Scotland. you don't have to be married to be entitled to a share of the house value or what he has put in. my friend won her case without it going to court, solicitor told his client to pay up or risk loose more going to court.

peggyundercrackers · 02/08/2016 15:27

it doesn't matter that his name isn't on the mortgage as long as he can prove he has paid bills etc. the court would award him an amount of money. in Scotland this issue is covered in family law and everything is split equally during time of cohabitation.

Rangirl · 02/08/2016 15:34

In Scotland the party without title can put in a claim No automatic 50/50 Even if married

RepentAtLeisure · 02/08/2016 16:54

If she sticks her head in the sand and pretends it's not happening she might leave herself at a disadvantage.

If he has direct debts going to her account over ten years he may well be entitled to something. But if the direct debits only equal to about 50% of the utilities/phone/water etc, then maybe not.

straightouttacompton · 02/08/2016 17:16

The legalities are one thing but your sister thinking it's absolutely fine that he's contributed very fairly to the household (including renovations) for ten years and has to walk away with nothing and sleep on people's sofas in his 40s? 50s? suggests she isn't very nice.

PridePrejudiceZombies · 02/08/2016 21:50

If this a woman instead of a man would we be giving the same advice?

There have been oodles of threads on here advising mostly women not to get into this situation and telling mostly women who have got into it that it will be hard for them to get a share. So yes. Since this is a thread about the law, which doesn't differ depending on the sex of the non-owning cohabitant, it's not the most obvious vehicle for the more tedious MN is so anti-male, you wouldn't say this if the genders were reversed claims. After all, the OP asks for the legal position not people's moral views.

If he's got a way to get a share, it'll be through documenting his part in the renovations. If in England and Wales of course. But he's been unwise, and if he were my friend I'd have advised him not to get into this situation. Not to undertake renovations without a share in the property, and if he were going to live ten years in someone else's home, to ensure he invested the money he was saving elsewhere.

PridePrejudiceZombies · 02/08/2016 21:53

OP it would be helpful to know which jurisdiction you're in. If in Scotland, try Scotsnet?

Kr1stina · 02/08/2016 23:11

Some people want to live together without the ties and financial commitments of marriage . They want to be free to split up as and when they want . That's their choice .

I don't think that the courts should then seek to impose these legal responsibilities on them retrospectively .

OP , I think you should butt out of your sisters business. If she wanted to get married, She could have done so . It's not up to you to impose your views on her.

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