"i spilt up with my ex partner of 23 years 18 months ago we bought the house 3 years ago my name was only on the mortgage we had a home owner loan which my parnter also signed he did not pay any payments towards this or the mortgage now i have remortgaged to pay the mortgage off and the loan which i did not need my partners permission to do this now he has found out that i am moving away with another partner and has applied for some interest in the property by land registry while living at the property he gave me 40 pound a week towards bills has he got any legel rights to my property i have our children living with me also can you gave me any feed back as i am worried thanks deb"
2007-03-27 00:51:10 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
tell him to sling his hook and get the locks changed then seek legal advice
2007-03-27 00:54:33 · answer #1 · answered by Anonymous · 1⤊ 1⤋
The law in this area is quite complex. Because you were not married, nor the property jointly owned, then he has no automatic right to your home. He may however, have a claim in equity. Simply stated, it means that if he contributed in some way to the home, or made substantial contributions to the mortgage (household bills do not count), then he may have some rights.
If he thinks that he has a claim he will probably have registered a caution with the land registry. That does not give him a right to your home, it is simply a warning to would be lendors, that someone else may have an interest in it.
Without more information, it is difficult to advise in greater detail, but if he has only contributed to everyday bills and expenses then he has no rights whatsoever. If he has built a conservatory or paid for substantial modifications, then he might. If he has registered a caution at the land registry and you belive he has no claims on your property, then you can make an application to discharge it.
The British courts have recently begun to use the constructive trust, mentioned in an earlier answer, in situations where they think it would be inequitable for the legal owner of property to retain it. This type of trust has been called the new model constructive trust and was largely the creation of Lord Denning M.R. It would not apply here as there are probably no rights in equity at all.
2007-03-27 07:32:05 · answer #2 · answered by stephen.oneill 4 · 1⤊ 0⤋
You say ex-partner, is it ex husband? I'm not sure your facts are complete, you worded things a bit confusingly.
He may have some legal rights if he put work and money into it. And maybe he helped out with the kids, food and cleaning, if you want equality of the sexes, then you gotta treat him like a housewife, with the same rights.
He probably has legal rights to the kids to if he takes it to the European courts, and he may be a better parent.
You didn't mention if he was kicked out, if he abandoned you, or why you split up either. Don't expect me to take your side just for ten lousy points.
2007-03-27 01:42:59 · answer #3 · answered by dude 5 · 1⤊ 1⤋
If the house is in your name only I can't see he has any legal rights to claim any money from this. You have paid off the joint loan so currently you have no joint debt together? I think he's just having a tantrum and blowing smoke personally but speak to a solicitor or citizens advice just to make sure. What an idiot - you're well rid. Good luck with your new life away from him xx
2007-03-27 01:02:50 · answer #4 · answered by Lost and found 4 · 0⤊ 1⤋
a twin of everyone else suggested, enable IT go!!! i have a daughter with my ex, yet he's even with the reality that her father as i'm her mom. It takes 2 to tango, sorry. he's not only the sperm donor. Be fortunate he's wanting him by the summer time. you're fortunate you at the on the spot aren't from now on a form of girls who's toddler's daddies disappeared they many times're stuck raising their toddler on their own. on the least you'll have all of us prone to take him. Suck it up. evidently like you're mad that your ex is totally satisfied and getting married and also you do not opt for your son of their bridal ceremony. Why? interior the shape you've been the single getting married and your ex became asserting "i do no longer opt for MY son of their wedding ceremony" you may be extraordinarily aggravated. besides, you should have replied to the e-mail without delay once you've it because evidently like you probably did not care one way or yet another. Now that you purely discovered out he's getting married, you're mad about it. i understand it isn't ordinary to suck up, yet you had sex with this guy, you had a option to decline or be on respected delivery administration, it really is the acceptable results of your decision. advance up, and take delivery of that your son has a sparkling step mom. Meet her, get alongside consisting of her, be an individual. you may opt for that out of your ex at the same time as you get into yet another relationship, I propose you grant him the equivalent courtesy!
2016-12-02 21:33:26 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Your partner has no leg to stand on - you're not legally married and the deed is in your name only. I think your only obligation will be to treat him/her as a tenant and give him/her 30 days (depending on state law) notice to vacate your property, if necessary.
2007-03-27 00:57:00 · answer #6 · answered by Imposter 3 · 1⤊ 0⤋
yes he has has as much rights as you - if you stayed together for more than 6 months you are legally classed as a couple married or not. it doesn't matter if he didn't pay towards it its still legally part his, this is Scottish law.
2007-03-27 03:30:37 · answer #7 · answered by Jackie M 7 · 0⤊ 0⤋
He might have a implied interest by means of a constructive trust. You should seek legal advice A.S.A.P. This area of Law has enormous amounts of case law and as such i feel ill equipped to offer you solid advice. Please see a solicitor.
Good Luck!!!
2007-03-27 02:12:17 · answer #8 · answered by cadsaz 4 · 0⤊ 0⤋
You may be common-law married. If so, you may be in some trouble as far as possessions are concerned. Check out the common-law marriage codes in your state, if indeed there are any.
2007-03-27 01:00:47 · answer #9 · answered by angryman 2 · 1⤊ 0⤋
Phone up your local C A B now and get propper advice.What a worm Good Luck.
2007-03-27 00:55:11 · answer #10 · answered by pups 5 · 0⤊ 1⤋