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Original poster

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:
JizzlordTheCat · 26/02/2023 19:17

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.

While I don’t disagree with the sentiment, 30 year old women won’t listen so I don’t hold out much hope for 14 year old girls

MrLbz · 26/02/2023 19:29

I agree we need to teach family law at school to both Boys and Girls.

pinkySilver · 26/02/2023 19:44

If you bought the house together and it was in both names you should check - as others have said - whether you owned it as tenants in common or joint tenants.

Most likely you own half the house as that was your agreement when you bought the house, ( even if you didn't appreciate it at the time). You shared the ownership of the house and - he paid the mortgage and you did the support role. That sounds fair. If you get half a house.

If you don't get half the house - because you only own a small percentage of it - but check the deeds - then you are not entitled to anything else in terms of shared assets.
You'll maybe get Child Mtce for your son depending on age and finances and where he chooses to live.

Check the deeds at the LReg and then see a solicitor.

WombatChocolate · 26/02/2023 19:48

OP are you following - you are entitled to half. Things are better than the worst case scenario you’re imagining and he’s told you is the case.

There will be women who aren’t married and also not on the deeds - and then they can really be screwed over far more.

buttercupboots · 26/02/2023 19:56

No one can know if OP owns half without knowing how the house is owned! It may be that they own as tenants in common with distinct shares - this could be 90% & 10% etc. If you aren't married at the time of purchase, the advice may have been to own as tenants in common in proportion with the amount of deposit you both contributed.

Download a copy of your title from the land registry and see what it says. Until you know a) that you're definitely on the deeds; and b) how the house is owned, you can't get meaningful advice on here.

Oopswediditagain2023 · 26/02/2023 19:57

If your name is on the deeds you are entitled to half usually (if you bought as joint tenants I believe). However, if you bought under other terms, you're only entitled to the financial percentage you put in in the event of the property being sold.

Oopswediditagain2023 · 26/02/2023 19:59

buttercupboots · 26/02/2023 19:56

No one can know if OP owns half without knowing how the house is owned! It may be that they own as tenants in common with distinct shares - this could be 90% & 10% etc. If you aren't married at the time of purchase, the advice may have been to own as tenants in common in proportion with the amount of deposit you both contributed.

Download a copy of your title from the land registry and see what it says. Until you know a) that you're definitely on the deeds; and b) how the house is owned, you can't get meaningful advice on here.

Crossposted with this! This is what you need to find out

altmember · 26/02/2023 22:10

It'll be 50/50 ownership unless you signed a deed of trust to agree a different split. You'd more than likely remember doing that because you'd have needed legal advice on it.

altmember · 26/02/2023 22:15

Oopswediditagain2023 · 26/02/2023 19:59

Crossposted with this! This is what you need to find out

Show quote history

Land Registry title document will only state if they're tenants in common or joint tenants. Even if they are tenants in common, it won't mention the way it's shared on there.

newwings · 26/02/2023 22:46

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!’ 😞

Your not the first or the last. It's only just hit me how much our careers and financial security / independence take a hit when child rearing. I'm glad your name is on the deeds. All the best.

Original poster
pollyanna1 · 26/02/2023 22:54

Thanks for your kind words 😊

OP posts:
Marineboy67 · 27/02/2023 07:40

He may believe in his moral jungle head your not entitled to anything but its 50/50 like it or lump it. He couldn't of worked and paid the mortgage without you looking after your child.
My ex never worked when our children were young or contributed to the mortgage throughout our relationship but I couldn't have made the money without her looking after the children. My brother lent me £30K to buy our last mortgage out on our last property and when we split up she wanted half of that as well which I wouldn't agree to as he had to be paid back before we split the equity.

Dery · 27/02/2023 07:55

It’s wrong to say he couldn’t have worked and paid the mortgage without you being an SAHM. There are plenty of families where both parents work. Also your ability to be an SAHM existed because he was the one bringing in the money so the benefit works both ways.

As PP have said, your position depends which country you’re in as different countries have different rules about this and also what is stated on the title deeds concerning ownership of the house. You do need some legal advice to properly understand the position. No-one here can tell you what it is.

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