ChatterBank1 min ago
House Sale For Unmarried Couple
They've been together 20 years but never married and they have a 17 year old child. They own a house which has no mortgage but the house is only in his name.
The couple are set to go their separate ways but he's saying she'll get nothing out of the house.
She has contributed to household bills and put £10k deposit down when they originally bought.
Should she be entitled to something?
Thanks
The couple are set to go their separate ways but he's saying she'll get nothing out of the house.
She has contributed to household bills and put £10k deposit down when they originally bought.
Should she be entitled to something?
Thanks
Answers
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For more on marking an answer as the "Best Answer", please visit our FAQ.>>>Should she be entitled to something?
She probably SHOULD be entitled to something, but note there is no such thing as a"common law wife" (or "common law husband").
IF they were married she would probably get "half" (or whatever was agreed during the divorce settlement).
Sadly this is not the case if you are cohabiting.
In fact he could probably go to one of these "We buy any house" companies and sell the house and keep all the money and she would have no say in it.
The first she would know about it was when he told her the house has been sold and she has to move out.
I am afraid she was VERY shortsighted by giving money for the deposit (has she any proof?) and then staying together for so long and not getting married or having her name on the house deeds.
So many people don't realise they are leaving themselves wide open to this sort of situation if they don't get married
She probably SHOULD be entitled to something, but note there is no such thing as a"common law wife" (or "common law husband").
IF they were married she would probably get "half" (or whatever was agreed during the divorce settlement).
Sadly this is not the case if you are cohabiting.
In fact he could probably go to one of these "We buy any house" companies and sell the house and keep all the money and she would have no say in it.
The first she would know about it was when he told her the house has been sold and she has to move out.
I am afraid she was VERY shortsighted by giving money for the deposit (has she any proof?) and then staying together for so long and not getting married or having her name on the house deeds.
So many people don't realise they are leaving themselves wide open to this sort of situation if they don't get married
She should seek legal advice on this and fast. It's quite a tricky area and the devil is in the detail. However it seems to me she may have a claim to a share of the house on a resulting trust basis. This is because she paid the initial deposit. She needs to see a solicitor and quick since she needs to prevent the property being sold and the proceeds disippated.
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