Im worried about the division of property when i end this relationship. 6months living together, legally im not required to pay maintenance, but what about property i purchased with the sweat of my brow? Purchased while cohabitating.
2007-01-27 14:50:48 · 24 answers · asked by james m 1 in Family & Relationships ➔ Marriage & Divorce
if a cohabiting couple split up, it is possible to apply to court for an order for financial provision from the ex-partner. The rules for this are much weaker than the 50:50 split of property that applies on dissolution of a civil partnership or on divorce.
So how long until im screwed?
2007-01-27 14:55:47 · update #1
Im in the UK, Scotland
2007-01-27 14:56:26 · update #2
sorry, i mean a house, not furniture :)
2007-01-27 14:57:30 · update #3
take whats yours furniture you will have to divide up or take it as a loss
2007-01-27 14:54:06 · answer #1 · answered by angeleyessly 2 · 0⤊ 0⤋
Cohabitating doesn't create the same legal rights as marriage, particularly over such a short period. I'd suggest you work out some reasonable division of any property that is likely to be in dispute - that is items you purchased jointly or where ownership may not be clear. Any items you brought into the relationship/home should be yours to take with out question. Anything you have a receipt for you should take and hold on to the receipt.
2007-01-27 14:57:58 · answer #2 · answered by fdm215 7 · 1⤊ 0⤋
I am NOT a lawyer!!! A friend of mine who is a lawyer also had a relationship where he lived with his girlfriend for years never marrying her. He would always instantly quash any verbal banter around the office that even hinted at their relationship being permanent. He did this always, every time, no matter who got their feelings stepped on a bit for making what they thought was an innocent joke. I asked him after a while, why he did this to people. He said it was to prevent his girlfriend from gaining a common law marital footing legally speaking. He said if she ever tried to do that, he would subpoena all of us as witnesses that he had never considered it as such and hoped he could keep it from being established by this and other measures he was taking. If I were you, I would worry some more about this.
2007-01-27 15:01:43 · answer #3 · answered by Sterling403 2 · 1⤊ 0⤋
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2016-12-03 03:27:09 · answer #4 · answered by broadway 4 · 0⤊ 0⤋
If your partner hasn't contributed anything to mortgage payments you should be fine. However, if she can prove that she has paid off some of the mortgage or contributed a significant sum of money towards the property, she will be eligible for some form of settlement.
The question will be - who's taking who to court? The onus will be on that person to prove they're entitled to a share of the property. Be wary of going to court as it will chew up any portion of the property that's paid off.
2007-01-27 14:58:05 · answer #5 · answered by Anonymous · 1⤊ 0⤋
As long as its your name on mortgage then you'll keep the house...cant be argued unless kids are involved. However somebody did once tell me that if other half can prove they have paid toward house ie bills etc then they may be able to make things difficult. Seek some professional advice, CAB or something.
2007-01-31 02:52:57 · answer #6 · answered by lisa4rugby 2 · 0⤊ 0⤋
If the property is in your name only, it belongs to you only. Living
together 6 months does not give the other person any rights
to ownership of your property.
2007-01-27 14:56:38 · answer #7 · answered by karonj 2 · 1⤊ 0⤋
If the house was yours to begin with, and her name is not on any of those documents, then
'NO' you will not have to give equal shares of the house.
And anything 'you' paid for is still legally yours,
but that works both ways.
Anything 'she' paid for belongs to her, except any 'gift giving' to one another.
Once you give a gift of any kind it belongs to the person who recieved the gift.
Your property is 'still' yours, and yours alone,
unless, as I said, her name is on those documents too, if it is then she has as much right to an equal share as you do, regardless who paid for it..
Hope this has answered your question!
I would suggest talking to a solicitor though!!
2007-01-27 15:13:17 · answer #8 · answered by Anonymous · 1⤊ 0⤋
cohabitating won't matter unless the law considers you "common law" married...and this is only in a few states. to do that you would have to hold yourself out to be married...ie "Hi Sharon, have you met my husband Jerry?"...which isn't likely. or is it?
2nd, the time frame usually has to be longer than 6 months but that might depend on the state.
2007-01-27 14:56:10 · answer #9 · answered by zzzzzzzzz27 3 · 0⤊ 0⤋
Depends on the state you live in and whose name the property is in.
But generally, if the property is only in your name and you haven't legally married ( or signed anything that said your better half can "live there forever" or anything like that ) you're safe.
2007-01-27 14:54:56 · answer #10 · answered by Anonymous · 0⤊ 0⤋
you need receipts and/or other proof that you paid for these items ,and that the other person didnt help make payments. it is different than marriage, in that you can keep items that you bought. things bought during the time you were together are not community property automatically. but be prepared to show proof.
2007-01-27 14:59:28 · answer #11 · answered by DEBI M 3 · 1⤊ 0⤋