Do I have any rights to claim a percentage of my ex-partners house sale?

Question

My partner and I split up 4 months ago due to him cheating on me, after 6 years together, 4 engaged & 3 living together. We purchased the house that we had been living in for two years last year and due to credit difficulties on my part, the mortgate and all the bills were in my partners name. As he was paid monthly and me weekly it was agreed that he would pay the bills and I would pay for living (food, cigarettes for him, clothes for both of us). We split up on amicable terms, despite the reason behind it and I stayed in the house for a few weeks afterwards. Due to him making me feel increasingly uncomfortable by bringing his new girlfriend round and staying out lots, I moved back in with my parents. He now tells me that he has sold the house for 30% more than what we bought it for and he is putting down a deposit for a new house with his new girlfriend. Am I entitled to any profits from the house even though my name wasn't on any bills, due to the length of time I was living there?

Answer 1

No. He was the owner. You were, in essence, paying rent.

Answer 2

You need to contact a lawyer. The laws vary from one state to another, and depend on a lot more details than you can give here.

The question is who owns the house, not who paid the bills. If his name is on the mortgage, then most likely his name is on the house title. That means you will have an uphill battle, if possible at all, to prove that you and he intended that the house was jointly owned. Failing that, you might be able to prove that he owes you a debt to pay back part of your contributions to the house. Again, difficult.

You may have more luck if you can prove a common law marriage, if you are in a state that recognizes that. If so, a court might recognize you as joint owners of the house despite the paperwork. That could mean the profit is split 50/50, or it could be split on some formula based on the home's appreciation. I am assuming you did not sign any quitclaim in connection with the house purchase that disavows ownership.

Answer 3

This is a State specific legal question, but possibly sort of. You don't have any rights to the profit because you were living there, but you might have rights to the profit because you were supporting him (food, clothes, etc) in an amiable agreement that had him paying the mortgage. No matter where you are, this is going to be a legal question that will require you hiring an attorney (unless you can get him to agree) or taking the matter to small claims court (depending on the amount of money invovled and your specific States statute). If this does go to court, assuming that your State even supports such claims, it will be a jury decision as to whether your paying for the food and living expenses consituted significant consideration to give weight to your argument that the house interest was a joint property. I will be honest with you, I would much rather be his attorney then yours in this situation (meaning he has a much better chance of prevailing in any State) and I certainly would not take this on contingency if a client came in with the same situation. I don't know how much money was involved, but you might really consider chalking it up to a bad situation. And in the future, as I have repeatedly told my good friends and clients, get a contractual arrangement with someone before you purchase a house with them (if you are not married).

Answer 4

While not a legal expert, I think it's fairly safe to say that you don't have a hope in hell hon. Assuming you're in the UK that is....

Even if you had had your name on the bills I doubt you'd have any recourse in English law. He could argue that you were really a lodger, paying rent (as I think someone else has noted) and on that basis, you'd not expect any of the profits, would you?

You could always approach him with your question and ask whether he'd give you some of the profits as a gesture of goodwill ("for old times sake"?) - that would test just how amicable the split was I guess.

It could be different in different jurisdictions of course.

Leave him behind you and move on.......

T
:-)

Answer 5

There have been a few high-profile "palimony" cases in CA over the years that have been successful. The few that I've heard about elsewhere were not successful.

If your name wasn't on the deed, you probably have little or no claim to the profits.

Consult with a local attorney for legal advice specific to your situation.

Answer 6

Doubt you have any chance, but don't go to a solicitor, make an appointment with the Citizens Advice bureau in your town. That's free so you won't be throwing good money after bad.

Best of luck though, it's not nice to feel you've been taken to the cleaners.

Answer 7

Not sure where you would stand with that one..have you got it in writing anywhere that you own half of the house???...you should have your name on the land registry if you haven't got it on the mortgage..
you got to prove that you owned half of the house and that you were not a lodger.. he could say you just lodged with him..... you could get a solicitor to call his bluff to see if he will give you a pay out for some of the house...good luck..

Answer 8

seek for criminal suggestion. It relies upon on whether she is on the loan or deed for the domicile and or what the separation settlement says or the divorce decree says. If she is on the internal maximum loan records or deed then she has the appropriate to insist he purchase her out or sell so she is released from the loan or gets her share of the domicile if there is not any loan yet she is on the deed. If there are criminal records for separation or divorce then regardless of the language/standards is in there is controlling. If there is not any criminal separation and he or she is not on the deed or loan then it is going to matter on the courtroom's determination or any settlement your companion and he or she would be ready to return to. regrettably your newborn has no bearing on the disposition of the case. lots of people who get out of marriages want revenge even whilst they have been the instigating occasion to the divorce. She is achieveable considered one of them. do not under any situations provide your companion's young ones a confusing time approximately her--it is not honest to react to them in accordance with how their mom is performing using fact they have no administration over her. Separated or divorced companions comprise bags.

Answer 9

Get legal advice and then weigh up the consequences you could apply to his good side for all your trouble of looking after each other that it should mean something to him and after all he broke the agreement by going with someone else.

Answer 10

Yes you are. You are entitled to 50% he would probably offer you less and it would cost to go through the courts. But you should be able to see a Solicitor for half hour free and ask them and they would probably write to him for a small fee. Dont give up. To many people let the other half have whatever they want and dont stand up from themselves.

Answer 11

Unless you were married, had your name on the deed, or lived in a common-law state, probably not. Not to say there isn't potential, but you need to contact an attorney, you can't do it yourself.