Legal advice

[Vormulac]

Hi all,

This is a request for info from any lawyers that might frequent the balmy shores of UKW. I don't want to try to wheedle info out of you that you would charge for usually, but there is so much contradictory information on the internet I was hoping for some guidance.

At it's most basic: I gave up my career 8 years ago when I moved in with my girlfriend, the house in which we have lived for 8 years is in her name. If we separate without marrying, do I have any rights to property or not?

Thanks for any advice.

 

[wizer]

I was always led to believe that after a certain period of time (12 months?) then you have a claim to the estate. Which is why when my GF (now my wife) first moved in, we took out a legal document that ensured everything I invested up to that date would remain mine plus a small amount of interest.

 

[jlawrence]

Wizer, likewise when I moved in with my now swmbo (god was it really that long ago). I offered to get a legal doc drawn up - she refused but I gave her the option.

 

[big soft moose]

Hi all,

This is a request for info from any lawyers that might frequent the balmy shores of UKW. I don't want to try to wheedle info out of you that you would charge for usually, but there is so much contradictory information on the internet I was hoping for some guidance.

At it's most basic: I gave up my career 8 years ago when I moved in with my girlfriend, the house in which we have lived for 8 years is in her name. If we separate without marrying, do I have any rights to property or not?

Thanks for any advice.

you really need to consult (and pay) a solicitor - afterall you wouldnt as a legal forum for advice on cutting dovetails.

that aside the short version is maybe - the principal factors that a court would take into account would be whether you have paid anything towards the house/mortgage, have you been paying her rent, and your comparable financial states ( and also if there are any children involved and if so who has custody)

 

[user 5053]

Its common knowledge that you have very few rights if you are a cohabiting unmarried couple compared to a married couple. Go to your Citizens Advice office and they will be able to help.

 

[wizer]

Its common knowledge that you have very few rights if you are a cohabiting unmarried couple compared to a married couple.

Bull Sh*t

 

[Ironballs]

Tom's right, you do have common law rights. Having bought 2 houses with my GF and listened to the legalese each time

 

[RogerS]

Sorry but I have to disagree with both Wizer and Ironballs. Cohabiting couples do not have the same rights as married couples. 'Common-law' is a myth and does not have any recognition in UK law.

http://www.couttswoman.com/2008/january ... w-myth.asp


http://www.direct.gov.uk/en/Governmentc ... G_10026937

Click on the link to AdviceNow

 

[Grinding One]

I do not know about England but in the USA ...7 years together and you are considered married(Illinois anyway).But if you marry someone who already owns the house,you only have rights to it if you change the property someways.Called co-mingling of property.I would not think you have rights to anything paying her rent,you never get property when paying rent.If you rent thats just and easy way to leave a place wrecked.

 

[Ironballs]

You don't have the same rights as married couples Roger, that's true, but you do have some claim over the property

 

[wizer]

I didn't say same rights, but I did allude to some rights. Much more than SoulFart is suggesting. I know of a couple who went through something similar to a divorce when they split and the house, even tho in one party's name, was divided.

 

[Russell]

Get advice, you will have to fight for your rights, My wife died recently and her ex husband successfully reopened a divorce settlement and took some of her estate. Who says a full and final clean break divorce settlement is full and final!

 

[Digit]

Hell's bells!

Roy.

 

[BradNaylor]

You don't have the same rights as married couples Roger, that's true, but you do have some claim over the property

I believe it is possible to argue that you have a 'beneficial interest' in the property but it is not something that can be taken for granted.

My experience of this is from another angle. Following the collapse of my pine furniture business a few years ago I was forced into personal bankruptcy. The house was in SWMBO's name (she owned it when we first met) and the Official Receiver was clear that there was no 'beneficial interest' even though we had lived there together for over 7 years at the time. Consequently, our home was safe from creditors.

The law obviously worked in my favour in this instance, but in the event of a break-up it could have been a very expensive mistake to assume that I had some kind of 'common law rights.'

As Roger says, they don't exist - and never have done.

See a solicitor.

 

[RogerS]

I didn't say same rights, but I did allude to some rights. Much more than SoulFart is suggesting. I know of a couple who went through something similar to a divorce when they split and the house, even tho in one party's name, was divided.

Well, actually, no, you didn't say that. You said 'Bull sh*t' which is pretty unequivocal in condemning his entire post. You're still wrong.

Anyone can sue anyone in this country. It's up to the courts to decide. Sure, each case is different and there will always be someone who knows someone who did X, Y or Z. It doesn't escape the fact that, as the two links that i referred to point out, 'common-law' is a myth. I'll leave it to others to read the links and decide for themselves.

 

[RogerS]

You don't have the same rights as married couples Roger, that's true, but you do have some claim over the property

Are you sure about that? My reading is that you may have some rights.

 

[Dibs-h]

Hi all,

This is a request for info from any lawyers that might frequent the balmy shores of UKW. I don't want to try to wheedle info out of you that you would charge for usually, but there is so much contradictory information on the internet I was hoping for some guidance.

At it's most basic: I gave up my career 8 years ago when I moved in with my girlfriend, the house in which we have lived for 8 years is in her name. If we separate without marrying, do I have any rights to property or not?

Thanks for any advice.

I think unfortunately this is one of those cases where you need proper legal advice as your situation doesn't sound strictly black and white.

Things like were the bills shared, householld costs, cost of renovations\decorations, etc.? Whilst I don't believe that co-habiting couples have much rights unless children are involved - a good solicitor would know the ins and outs of case law given your predicament, and you can't be the first.

What I would say is if you haven't invested a great deal into what started off as her house - (easier said than done), might be easier to cut your losses?

And if you have invested in this house there should be a paper trail and in which case I can't see you not having some rights. But as it's a civil matter - it will cost to enforce these rights.

 

[PAC1]

I think you need to go and see a solicitor specialising in Family law. There is a Family law practitioner group you will find them on the www so google them and find a specialist locally.

Family law is not my area so I do not know enough to say anymore.

 

[BradNaylor]

I didn't say same rights, but I did allude to some rights. Much more than SoulFart is suggesting. I know of a couple who went through something similar to a divorce when they split and the house, even tho in one party's name, was divided.

Nice anecdote, Tom; here's another.

A good friend of mine moved into his girlfriend's house 15 years ago. Six years later they had a son and my friend gave up work to look after him, as his partner was the higher earner. He also embarked on an ambitious remodelling project on the house, adding a huge kitchen extension and a loft conversion. 90% of the work he did with his own hands.

18 months ago his partner kicked him out without any notice and moved in her new boyfriend. My mate is now renting a small flat and has his son to stay at weekends. He had to battle to get parental responsibility for his own son.

He has consulted several solicitors and the response is always the same. He is entitled to absolutely nothing and his ex partner gets everything. He could take her to court and argue for a beneficial interest in the house but it is likely that he would lose and the legal fees would bankrupt him.

Before you accuse others of talking bull*hit I suggest you get your facts straight, Tom. I suspect your friends actually agreed to split the house. If things go to court though, you would find that co-habitees' rights are very different to those of married couples.

The OP needs to see a lawyer who specialises in family law, as it appears to be a minefield.

Cheers
Brad

 

[wizer]

My facts are perfectly straight Duncan, I'm not lying to make friends. They are close friends of mine and they fought tooth and nail over it. The case went on for over 18minths. It was decided in court, after bank statements and proof of bill payments were produced. It was deemed that they'd had a fair steak in the running of the house, they'd divided everything fairly whilst cohabiting. The collateral would be divided in the same way. No consideration was given to the party that had bought the house, nor their investment prior to the other party moving in. So if you read the links Roger posted. It's is a grey area and obviously in some cases it can been seen that a cohabiting couple have equal rights.