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Original poster

Do I have any rights?

26 replies

Somewhereovertherainbow85 · 27/06/2025 21:55

Hi all, just looking for any advice. I will be speaking to citizens advice etc but for now, thought I’d come to you guys.

Id like to separate from my partner of 12 years. We aren’t married, we bought a house together years ago (both of our savings paid for deposit) but my name isn’t on the mortgage as I was a stay at home mum at the time & the mortgage advisor advised us to add me on later, which we sort of forgot about & it never seemed important to.

Now years later, things have changed & I want us to split. First choice would be for him to move out so I can keep the children in their routine, but he’s refusing. He has more options of where to go than I do, Also this house is close to our children’s school & I'm the primary caregiver as I only work part time.

He hasn’t used the “your name isn’t even on the house” card but I’m very aware of it & not sure I have a leg to stand on.

any recommendations or advice?

OP posts:
AlphaApple · 27/06/2025 21:58

You’re stuffed, frankly. You aren’t married and you have no financial interest registered in your house.

How old are the children and are you working now?

caringcarer · 27/06/2025 21:58

You need urgent advice from a solicitor. I'm not sure but can you prove you've paid half of the mortgage? He could walk away with everything. You let yourself be in a very vulnerable position.

AlphaApple · 27/06/2025 21:59

Sorry, I see that you are working p/t. What are your earnings? Will you be able to rent your own place?

myplace · 27/06/2025 22:00

Is your name on the deeds though?

TinyTempest · 27/06/2025 22:00

If you're only working part time, how could you afford your half of the mortgage and all your living costs if he moves out?

AttilaTheMeerkat · 27/06/2025 22:12

Unfortunately your legal position here is very poor and he is within his rights to remove you from his home. You need to speak to a solicitor rather than the CAB too.

Is it possible for you to now work full time or at the very least increase your hours?. I would now look into claiming universal credit also.

He remains financially responsible for his children so I would also start a child maintenance claim.

Original poster
Somewhereovertherainbow85 · 27/06/2025 22:16

I do contribute towards the house financially, just obviously not as much as he does as he works more hours. My children are both primary school age.

I know you’re all right, I don’t know why I asked 🤦🏻‍♀️

OP posts:
SapphOhNo · 27/06/2025 22:19

Why on earth did you agree to that?

thatsawhopperthatlemon · 27/06/2025 22:19

Let me get this straight. The mortgage adviser advised you not to have your name on anything despite you putting money in to the deposit for the property? I would have thought that was downright negligent. You should have had your interest in the property set out in a legal document, and to allow you to invest money into a property in someone else's name is an appalling error on their part.

You need to speak to a good solicitor.

CatherinedeBourgh · 27/06/2025 22:21

Your name isn't on the mortgage, but is it on the deeds of the house? Are you a joint owner of the house?

roseymoira · 27/06/2025 22:25

I don’t think being on the mortgage or not matters, it’s what is on the deeds that counts.

Surely the house would have to be sold and you work full time to afford somewhere to live though

tilly1987 · 28/06/2025 07:27

Are you in Scotland? Law slightly different there. If you are in England as you are unmarried you do not have home rights.
https://www.rightsofwomen.org.uk/wp-content/uploads/2023/12/row-_-legal-guide-marriage-home-rights-final.pdf

RedRock41 · 28/06/2025 07:40

Speak to a solicitor ASAP. Beneficial interest may apply:

https://www.slatergordon.co.uk/family-law/cohabitation/beneficial-ownership/

RedRock41 · 28/06/2025 07:44

You need legal advice without delay. It’s challenging to secure Beneficial Interest but not impossible.

Do I have any rights?
Zempy · 28/06/2025 07:47

You need to find out whether your name is on the deeds to the house. If not, you are just a lodger in some blokes house and he can tell you to leave at any point.

You need urgent legal advice.

Dery · 28/06/2025 07:47

@RedRock41 is right. If you have been contributing to the mortgage, you may have a beneficial interest in the house. But you should take advice from a divorce solicitor rather than just Citizens Advice because it’s a complicated and specialised area.

Treatedme · 28/06/2025 07:52

Agree with the others that legal ownership depends on whether you are on the deeds, not the mortgage. ( the mortgage is just a debt that your house is secured against). If you are not sure if you are, you can check deeds online for a small fee. The solicitors you bought with should have the deeds though.

Anyway, you need proper legal advice on this one OP.

Stockgirl · 28/06/2025 07:56

I left a 25 year relationship last year and I was in the same position has you , my name wasn't on the mortgage but I paid alot of the bills and made home improvements, I walked away with nothing, just the clothes on my back.
The only thing you have in your favour is you have young children so they will take that into account...see a solicitor ASAP and try to provide prove off any money you've paid..I.e deposit , home improvements.

tilly1987 · 28/06/2025 10:53

Stockgirl · 28/06/2025 07:56

I left a 25 year relationship last year and I was in the same position has you , my name wasn't on the mortgage but I paid alot of the bills and made home improvements, I walked away with nothing, just the clothes on my back.
The only thing you have in your favour is you have young children so they will take that into account...see a solicitor ASAP and try to provide prove off any money you've paid..I.e deposit , home improvements.

Sorry this happened to you stockgirl - just for my own interest if you had been married would it have changed anything?

i am married - pay the bills and not the mortgage - if my husband asked me to leave would I be homeless?

Zanatdy · 28/06/2025 10:59

You need to see a solicitor as you can prove you paid towards the deposit and have been contributing.

Unexpectedlysinglemum · 28/06/2025 10:59

In your position, I would retract wanting to split immediately. No one should
Ever tell the other person
They want to split without getting ducks in a row first.
and then do whatever I can to convince the guy to get married or civil partnership.
If he agrees, then all the time you have loved together will count as the length of the relationship when you split.

There are two important parts 1. Whose name the mortgage loan is in and 2. Whose name is registered as home owner (deeds/land registry). You could have 1 but if you don't have part 2 all you have is debt. So he's in charge of the debt but if you have part 2 then you'll be fine. You need to find out.

Do whatever you can now to maximize your income, retrain or find a job or start a business. If you take the kids 5050 he won't even be paying you child maintenance.

Unexpectedlysinglemum · 28/06/2025 11:00

@Stockgirl according to the legal queen on Instagram, if you can show that you paid for the home improvements then that's you having a financial interest in the property so you should have a claim to claim that back or claim a portion of the increase
In property value as a result of it.

Unexpectedlysinglemum · 28/06/2025 11:01

@tilly1987 no you have a right to 50% of the marital home even if it's not in your name

Stockgirl · 28/06/2025 11:07

@tilly1987 if I'd been married I would of been entitled to half the house and my partners pension..but because we weren't then the solicitor's said it would extremely difficult to prove that I was entitled to anything.
If you have prove of paying into the mortgage then that means you've got a financial interest in the property.
Because you're married it doesn't apply to you , you'll be entitled to your share if you were to divorce.
You should really be on the mortgage though because if anything happened to your husband then I'm guessing the house would go to probate..so get your name on the deeds...saves alot of hassle down the road.

tilly1987 · 28/06/2025 11:33

Stockgirl · 28/06/2025 11:07

@tilly1987 if I'd been married I would of been entitled to half the house and my partners pension..but because we weren't then the solicitor's said it would extremely difficult to prove that I was entitled to anything.
If you have prove of paying into the mortgage then that means you've got a financial interest in the property.
Because you're married it doesn't apply to you , you'll be entitled to your share if you were to divorce.
You should really be on the mortgage though because if anything happened to your husband then I'm guessing the house would go to probate..so get your name on the deeds...saves alot of hassle down the road.

Thanks so much @Stockgirl- my husband has three properties would i be entitled to half of those too? (Sorry to take over the thread)

i dont foresee a split but when you read posts like these you can never be sure what can happen in the future