What rights does he have?

[I love Tiggy]

I have been with my fiance for seven years now and really don't want to be with him, through arguments, upset etc.

We are living in a house which is owned 100% by me, does he have any rights to be in the house, he does not pay bills only food.

Is it reasonable to give him 2 weeks in which to leave? The decision hasn't came to me over night - it's too long a story to tell - he does know how i feel

[Ethel]

How long has he been living there?
Does he pay you rent?
Have you ever led him to believe that it is home, so he doesn't need to save for mortgage or make any other future plans for moving on?

Has he done the decorating, chosen the furniture, maintained the garden as if the house were his?

[I love Tiggy]

We've been together for 7 years in this house so it has always been referred to as home. He has a mortgage on a house which he is renting out and has at leat 3k in the bank.

All maintnence and general choosing in the house has been down to me, i have pretty much paid for everything

[Ethel]

Give him a month, that is fair, but tell him your would prefer he left sooner.

This is the sort of thing you need to worry about:
http://www.independent.co.uk/news/uk/crime/unm arried-woman-wins-share-of-former-partners-hom e-564639.html


I have been looking for a relevant link about the recent changes in law - I am unsure whether it is proposed or actual law that gives co-habitees an interest in the other's property.

[I love Tiggy]

Thanks for this, i think that as he has Assets also he wouldn't go this far, his house does have a larger mortgage on it than mine though.

Damn why do we have such awful times!

[Barmaid]

Ethel, it didn't really mark the huge change in the law that the Independent said. It was argued on constructive trust principles I think, and Mrs Oxley had actually contributed the sale proceeds of her earlier property to their first joint property. It comes down firstly to what the common intention of the parties were at the time of purchase or cohabitation - a bit more is required than it was our "home", it has to be intended that the other partner would accrue ownership rights in the property.

Law was recently clarified in Stack v Dowden in House of Lords and it was confirmed that there is a presumption that the beneficial ownership of the property follows the legal ownership and the onus is on the person asserting that the beneficial ownership is different to prove it. The fact that Tiggy's ex maintained his own property (albeit with tenants) would seem to me to be strong evidence in favour of Tiggy retaining the ownership of her property, ie on the separation of assets basis.

Personally Tiggy, I do not think he has any proprietorial rights to your property, but if in doubt, nip down the CAB for their advice.