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[Closed] INAL - what legal claim to assets if you're not married
I was under the impression that if you're not married and the house you live in is solely in your partners name, then should you separate, you have no legal claim over the house as an asset, even if you've been contributing to the mortgage costs on a monthly basis.
Is this correct or can you still make a claim throught a court of law?
The non-owner can make a claim; will need to show a beneficial interest in the property. [url= http://www.marilynstowe.co.uk/2010/10/01/the-law-on-cohabitation-and-property-who-owns-the-house-by-guest-blogger-paul-read/ ]This is a useful piece to read.[/url]
As above, the other party can make a claim. Whether its succesful depends upon the circumstances. The registered owner has the advantage though as it where.
Brilliant, thanks for this, very helpful.
Well I read that wrong ...
Unless you signed a co-habitation agreement then not only can they claim but in the circumstances you describe (paying part of the mortgage) almost certainly going to be awarded some share. (Assuming a half competent solicitor)
Even if they don't pay the mortgage they can make a case for their work or earnings contributing....
For example one partner being able to maintain a job to pay the mortgage because they did X,Y,Z and if X,Y,Z include looking after kids .... or if they paid for food and one partner paid for the mortgage
Well I read that wrong ...
Sorry to disappoint
I thought it was going to be a mums net thread .
IANAL but in Scotland I believe that co-habiting for 18 months+ gives the status of common law spouse, which has about the same standing as having done the church/registry office things. Could well be wrong though.
Also fairly sure that even if this is true it doesn't apply in E&W so may not be any use anyway
There is no such thing as 'common law' spouse in English law.
Getting money out of a property you don't have any claim over is surprisingly difficult also. Much more so than it should be.
Google says common law spouse in Scotland was basically abolished 10 years ago.