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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Splitting up and name on deeds but weren’t married

38 replies

pollyanna1 · 26/02/2023 17:59

Hi everyone out there!!

I have been living with my partner for 20 years, have a teenage son. Where does the Law stand on cohabitation rights? Never married, a stay at home mum, did have a pert time job in a school but the money helped pay for clothes, couldn’t afford to put anything towards the bills unfortunately. We got the house together in both names but I didn’t contribute. My name is on the deeds and the mortgage, but the mortgage is paid off now. Just wondering if I were to separate, where do I stand? I’m desperate to find out. He says I’m not entitled to nothing. Thanks 🙏

OP posts:
XVII · 26/02/2023 18:05

He is right. You are indeed not entitled not entitled to nothing

As you are on the deeds the house is legally half yours. He would have to go to court to prove otherwise

sandgrown · 26/02/2023 18:07

The house is half yours .

Showersugar · 26/02/2023 18:08

He is right. You are indeed not entitled not entitled to nothing

Such an unnecessary comment.

hoophoophooray · 26/02/2023 18:08

Half the house I would think, and child maintenance

grayhairdontcare · 26/02/2023 18:09

The property would be sold and split 50/50

pollyanna1 · 26/02/2023 18:10

Thanks for your messages so far. It’s awful 😞 you think you are going to be with the same person for the rest of your life, how things change. He said stay at home I’ll look after you, oh gosh wish I’d of gone with my gut instinct!’ 😞

OP posts:
JizzlordTheCat · 26/02/2023 18:13

Are you joint tenants on the deeds, or tenants in common? Was any of the deposit ring-fences?

Assuming there’s a 50/50 split, can you afford to buy him out if you want to stay? Or if he buys you out, will your 50% cover another house for you?

Are you able to start working?

Caaarrrl · 26/02/2023 18:14

You are entitled to half of the equity in the house. Being married or not does not affect it if you are both owners of the property.

Nottodayplease36 · 26/02/2023 18:14

It doesn’t matter if you didn’t have a job or financially contribute, you are still entitled to half as long as you bought the house together and are on the deeds etc. Book and appointment with a lawyer.

tribpot · 26/02/2023 18:15

Which country are you in, and if in the UK which country of the UK? I don't think anyone can advise you without knowing that, and then you might want to post in Legal Matters for specific advice.

This is an article is about the law in England and Wales, and where this is a dispute over property ownership. Do you know if you are tenants in common or joint tenants, and if tenants in common, what share of the house you each own? I think you can find out from the Land Registry, this article explains more.

Caaarrrl · 26/02/2023 18:16

It doesn't matter what he says. It doesn't matter thst he promised to look after you. Look our for yourself now and make sure you get half as you are legally entitled to.

pollyanna1 · 26/02/2023 18:17

Yes but I’m be lost my confidence 😌

OP posts:
Dery · 26/02/2023 18:17

Which country are you in, OP? In England, marriage/civil partnership give rights that are not available to cohabiting partners but some other countries recognise rights arising from LTRs even where there is no marriage. The law is under review in England also because it doesn’t reflect the modern reality where a great many couples cohabit without marriage.

Viviennemary · 26/02/2023 18:17

If your name is on the deeds you own hslf the house. It doesn't matter if you contributed or not. Have you checked and made sure your name is on the deeds.

pollyanna1 · 26/02/2023 18:23

My name was on the mortgage and I’m pretty sure I’ve seen some paperwork that my name is on the deeds

OP posts:
ninebiscuits · 26/02/2023 18:31

If it helps, for £3 you can download a copy of the deeds from the Land registry and find out for certain

hoophoophooray · 26/02/2023 18:32

You can also sign up for property alerts via email to stop him pulling a fast one behind your back

LemonTT · 26/02/2023 18:41

Please check if your name is on the deeds and the mortgage. Tenants in common defaults to 50:50 unless you both legally declared otherwise.

Successgirl2022 · 26/02/2023 18:46
Zanatdy · 26/02/2023 18:49

He’s completely wrong. You’re entitled to half. Wouldn’t matter even if you earned zero during the marriage, it’s half yours in law

Successgirl2022 · 26/02/2023 18:53
Successgirl2022 · 26/02/2023 18:54

Zanatdy · 26/02/2023 18:49

He’s completely wrong. You’re entitled to half. Wouldn’t matter even if you earned zero during the marriage, it’s half yours in law

For unmarried couples 50/50 split ONLY if both names are on the property.

monitor1 · 26/02/2023 18:56

If the house is in both your names then you split that 50:50 but do you know for sure that it is.

We really need to teach at school that it is madness to downsize your career for kids outside of marriage.

Twazique · 26/02/2023 19:01

Don't forget to check your National Insurance contributions for your state pension. Good luck OP!

Successgirl2022 · 26/02/2023 19:15

monitor1 · 26/02/2023 18:56

If the house is in both your names then you split that 50:50 but do you know for sure that it is.

We really need to teach at school that it is madness to downsize your career for kids outside of marriage.

I agree.

Ruining your career for what? To become poor and completely 100% financially dependent.

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