We are not married, the house is in my ex-partner's name, am I entitled to anything?
We are not married, the house is in my ex-partner's name, am I entitled to anything?
28 February 2023 at 22:00:00
This is a tricky area of law that will resort to complicated resulting and constructive trusts in order to decide if you are entitled to monies from the property. As the law does not recognise any relationship except marriage or civil partnership and there is no such thing as a common law wife.
We will try and break things down as much as possible for you here.
If you have been living in a house that is in your partners sole name and you are not married, you can claim an interest in the property if any of the following have taken place:
1. You have paid directly towards the mortgage, and this would mean you have a joint account to pay into for the mortgage to come out of or you have paid monies into an account in your partners sole name for the mortgage.
2. You have paid for any substantial home improvements, not decorating or soft furnishings but landscaping or a new kitchen or an extension.
3. Your partner has said this is your house too please treat this as your home, this is the trickiest to prove and the court would need to look at how you lived, whether you had a joint account, joint holidays or whether you lived separate lives.
In essence you may acquire a share of your partners home however if you have never paid towards the mortgage, or for any home improvements and you have lived separate lives you might find yourself in a long relationship with nothing to show for it at the end
Contact us on 02920 343434 to see if we can help.