My friend is unhappy at home she has 2 daughters one from a previous relationship and one with her boyfriend,when the house was bought her parents paid the deposit but the house and mortgage is in his name,he won't move out and she's got nowhere to go her parents live in cyprus. Can anyone give me any advice does she have any legal rights to stay in the house,thanks?
2007-02-02 20:06:19 · 14 answers · asked by heebygeeby 4 in Business & Finance ➔ Renting & Real Estate
The council tax and tv licence are both in her name and she pays them.
2007-02-02 20:14:13 · update #1
If they are not married then the house is his I'm afraid. If your friends parents can prove that they gave the money for a deposit then they could claim that money back...but they have to be able to prove it. People often ask... 'why get married it means nothing'...but it does in law for if the pair were married then half the house would be hers.
2007-02-02 20:12:22 · answer #1 · answered by Anonymous · 3⤊ 1⤋
She could have an equitable interest in the house if her parents paid the deposit. She needs to go and see a solicitor and find out the facts. The solicitor should apply to Land Registry for a restriction to be placed on the register to protect her equitable interest.
This may have to go to court, but she could argue for a share of the house as the deposit was paid on her behalf and the presumed joint intention of the parties was for the house to be a family home for both of them.
She certainly seems to have a right to stay in the house and she should do so to protect those rights. What sort of a man would make his own child homeless? However, he also has a right to stay in the house - it's his house too!
The best outcome would be for the house to be sold and the proceeds shared between your friend and her boyfriend. Hopefully they can stay amicable until then.
2007-02-04 07:21:31 · answer #2 · answered by in vino veritas 4 · 0⤊ 0⤋
It depends where they live. The law is different and it is enforced with differing degrees of fairness. I would suggest that the best solution would be the solution they agree upon. If they cannot agree, then the law decides (if the law can be enforced).
I would suggest that the person leaving is most likely to lose the house. (at least until the person staying dies or leaves)
How would the situation be different if there were no mortgage?
2007-02-03 04:20:18 · answer #3 · answered by James 6 · 0⤊ 0⤋
i'm afraid the house is his, as the mortgage is in his name.
does she pay him part of it, or is it only him paying the mortgage while she pays the bills? if she does give him money back every month for the morgage, then she may be entitled to something.
best thing for her to do is go to the local citizen's advice bureau and see what they say, but she will probably need a lawyer eventually.
good luck to her x
2007-02-03 04:19:57 · answer #4 · answered by misspimousse 3 · 0⤊ 0⤋
With the mortgage in his name she probably has problems. She needs to contact an attorney. Laws have changed some recently, but withe her name not on the mortgage it does not look good for her. In turn, she is not responsible for paying for the house.
2007-02-03 04:19:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Unfortunately even though her parents put up the deposit if it's only his name on the mortgage and not both of theirs then he'll almost definitely get the house.
2007-02-03 04:16:34 · answer #6 · answered by l 2 · 0⤊ 1⤋
Usually, no. If the house and loan are in his name, its his. I assume by deposit you mean downpayment. It might be possible for her PARENTS to take him to small claims court and recover a portion of the downpayment. Good luck to your friend.
2007-02-03 04:37:18 · answer #7 · answered by Renny 2 · 0⤊ 0⤋
She needs to go to the CAB office, court would probably find in her favour, due to the kids, it would be difficult to get him out though without going to court. She will need to get a restraining order to keep him away as well.
2007-02-03 04:27:05 · answer #8 · answered by Anonymous · 0⤊ 0⤋
He keeps the house
2007-02-03 04:11:27 · answer #9 · answered by Anonymous · 1⤊ 0⤋
Perhaps my mates and I from the Night Club Door Mans Association (bouncers to most people) could persuade him of the error of his ways and that he oughta leave. What a selfish piece of s - - t he is that shames men.
2007-02-03 04:59:37 · answer #10 · answered by david t 4 · 1⤊ 1⤋