Hi, recently me and my partner have split up (we were not married), the house and everything in it is in my name ie settee, home improvement loan, t.v literally everything, the only thing he has left at the house is his bed and lamp!!
The mortgage also came out of my bank account....he is now claiming that he wants 'something out of it' as I have everything and he has nothing...(he was the one who decided to leave me)..
Does anyone know if he would be entitled to anything..?
I have looked on some websites but the info I have involves marriage and kids (we don't have any kids)
2006-11-09 22:36:18 · 26 answers · asked by ♥ 5 in Family & Relationships ➔ Marriage & Divorce
Give him nothing. Let him go through a Solicitor if he wants to push things.
2006-11-09 22:53:29 · answer #1 · answered by Saudi Geoff 5 · 1⤊ 1⤋
I think this is more a moral matter than a legal one. How long did you live together? Did either one of you have some assets before you started living together? Did you have similar incomes? When the mortgae came out of your bank account, where did his money go?
If you lived together as a married couple and never talked about this before, I would say it's morally right that he would get half of everything you bought while you were living together (that would include any money he might have in the bank).
Before he decided to leave, did you consider the house and everything in it apart from his bed and lamp as you private property or did you think of it as something you both owned?
I think this is something you have to dig into you concience for to find the answer.
Try to think how you would feel if all those things had been in his name and the mortgage taken out of his account. Would you have been happy to just walk away with nothing?
2006-11-09 22:43:18 · answer #2 · answered by IC 4 · 1⤊ 2⤋
I don't know much about the rules concerning co-habitees (comon law wives/husbands does not exist in law), but I don't believe he has a leg to stand on.
As he didn't contribute towards the mortgage payments (and assuming that he didn't do any DIY on your home, paying for the materials out of his own pocket, etc) he won't be entitled to claim anything from you.
The only things he would be entitled to take/share is what he personally bought or helped to buy.
Hopefully, it IS just his bed and lamp.
For him to be thinking that you "owe" him, yet he's the one walking out, then you are well shot of him!
Onwards and upwards!!!
2006-11-10 10:57:13 · answer #3 · answered by Jamma354 2 · 0⤊ 0⤋
Depends what country you're in. Some countries have defacto laws now to protect the interests of unmarried partners.
Now would be a good time to gather as much evidence to show that you have been paying the mortgage and bills on your own. This should help if you're heading toward a court battle.
If you think he really didn't contribute, stand your ground. However, if you feel you need some sort "payment" because he wants to end things and you don't, you won't necessarily find the law on your side.
2006-11-09 22:40:50 · answer #4 · answered by SnowBunny 2 · 4⤊ 0⤋
If you have been co-habiting for 12 months or over, it's classed as a common-law partnership and........... he's entitled to 1/2 of any profit made on the property you live in. Can you write this off against 1/2 of the loan that you took out for both of you as that will be taken into account as well. fingers crossed they both level the playing field. If not then you will probably have to pay something but *do it through a solicitor * it make cost you a few quid but rather this than in 12 months he comes back asking for more.
2006-11-09 22:39:33 · answer #5 · answered by Tiger01204 5 · 3⤊ 1⤋
If it's a joint mortgage,then he's entitled to half of the house,or what you get if it's sold.It doe's matter if you were married or not,you were co-habiting.If everything else is in your name,then he can't claim a thing,if you can provide proof it's actually yours,like receipts,loan agreements etc.
2006-11-11 11:38:22 · answer #6 · answered by nicky dakiamadnat600bugmunchsqig 3 · 0⤊ 0⤋
hmm... i ain't covered this in great depth (I'm a law student) have a look at rights of cohabitees, the only thing he may be able to claim is and equitable interest in some property,...ie, did you buy it together,.... you've let him use it for so long that it's considered a gift....don't worry though there are numerous tests to the process,
as the mortgage is in your name and presumably it's just your name on the property i have a strong inkling that he's entitles to very little.
I'd certainly have a look at the rights of co-habitees though...
hope my original inkling is right
good luck
2006-11-10 00:49:21 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If you had an explicit agreement to share the property, i.e. that he should have an interest in it, and he has contributed to bills etc then he might be entitled to something.
If the house is in your name, you never agreed with him that he was to have an interest in the house and he as never contributed directly to the mortgage, then he has no claim over the house.
2006-11-09 23:06:30 · answer #8 · answered by Anonymous · 1⤊ 0⤋
I think it may depend on a few things, such as whether you were togehter when you bought the house, whether he made any improvements to the house or did stuff to help you so you were able to earn more etc.
Apart from that though, I don't see how he could be entitled to anything
2006-11-09 22:40:58 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Hey, come on now. You both lived as a married couple,although things were in your name,he must have contributed to the running of household financially. Don't be greedy, no good will come of it. I think you must know in your own heart that he is entitled to more than you say.
2006-11-13 21:59:07 · answer #10 · answered by animalwatch 3 · 0⤊ 1⤋
He will be entitled to part of the value of the house - depending on what he can prove he put into it. If he paid bills etc it shows he had an interest in the property. Get yourself good lawyer xx
2006-11-09 22:39:06 · answer #11 · answered by Anonymous · 2⤊ 2⤋