need some advice for my father

[freddyfargo]

hello everyone, this is my first post on here so hope i have posted in the correct place.
i need some advice for my father as he is in a terrible state, his partner of 6 years has walked out on him (apparantly she is jealous of my fathers grandchildren) but anyway my father owns his own home (he only has a few years left to pay on his mortgage) she has lived with him for 5 years yet my father paid all of the bills and also paid the mortgage himself, all she paid for out of her wages was the food shopping for the two of them.
she has recently told a close family member that she is entitled to some sort of money settlement from my fathers house as she lived there for 5 years, is this true? i just want some advice for my father so he knows where he will stand with this, thankyou so much in advance for any help!

[Ams6784]

was your father married to her??? is the house in both of there names???? do u know if no to either i realy dont think she is entilted to a penny but im not 100% on that!

[bubblegum-31]

thanks for your quick reply,
no my father wasnt married to her and no her name wasnt on the mortgage it only has my fathers name on it

[bubblegum-31]

just incase anyone is wondering why im posting the reply for the question author, hes my brother lol he has gone to bed so im posting for him, any help is appreciated on this tho thanks

[888sally888]

I think the common law wife idea is obsolete now. I am hoping your dad has proof that all is in his name and that he has paid for everything.

I know it sounds obvious but I suggest your dad (with your help) gets some proper legal advice as soon as possible. This woman sounds evil to be honest.

He will propbably struggle getting through this and be tempted to cave in but at the end of the day, his money wil be yours and morally it should go to you.

Let us know what happens and good luck.

[Psychick]

When I left my ex after living with him for 4 1/2 years, I was told I was entitled to half the house even though it was his and his ex wife's names on the mortgage.

My circumstances were different though as we did have a child together. I actualy chose to not make any claims against him for money or the house.

Tell you father to go to the citizens advice bureau, they will know how it all works now and what she is/isnt entitled to.

[innocenti]

Technically she could be entitled to a share (note the word share, not 50%) of the house but your father has to prove he paid the mortgate and bills etc. Any payments she had made to the property (employing a painter and decorator or having an extension built) would go in her favour.

Your father needs to go to a solicitor now incase she does decide to act.

Psychick you wouldnt have been entitled to 50% of the house as his ex wife still owns 50% of it. You wouldnt have been given her share so at most you would have been entitled to 25% of it.

[tiggerwoo]

Thiswoman has no rights in law to claim anything from your father. There is no such thing as a common law wife it is a myth. If they are'nt married and her name is not on the mortgage and they have no children together she has no claim. If she has added value to home by an extension or improvement of any kind she can ask to be compensated for that. If he is at all worried he should as previously stated either visit citizens advice or go and have free 30 minutes with a family law solicitor.

[freddyfargo]

Thankyou everyone for your excellent advice, im going to have a word with my father tomorrow about getting some legal advise, he has been talking about giving her some money so she can get set up on her own again (which is nice of him but too nice after what she has put him through) anyway i will let you all know what happens, thankyou all so much!!!

[Starquality]

If the house is in your father's name then she does not have a leg to stand on. As long as there was no additional Trust Deed stating that she had any rights to a share inthe property, then he is ok. My partner lived in my cottage for 19 years and has no legal claim as I paid the mortgage and all of the bills. she will probably try, but there have been cases through the courts before that have been thrown out. Basically - she does not have a leg to stand on.