My friends dad has some woman living with him (g/f). What rights does she have to the house he shared with his deceased wife??
2007-08-11 10:03:07 · 20 answers · asked by K-9 3 in Politics & Government ➔ Law & Ethics
Hi, UK & no my friends not a vulture - far from it, she has younger siblings to think of.
2007-08-11 11:56:35 · update #1
Meh, there is legislation going through parliament now that gives couples who live together for 2 years and more rights to go after a share of the assets.
2007-08-11 12:02:52 · answer #1 · answered by eirefaeriemom 3 · 1⤊ 0⤋
This depends on location and how long the two of them have been living together. If two people live together for a while, they legally become what is known as "common-law". This gives them some of the same legal rights as a married couple. These rights vary from one duristiction to the next, and can include the sharing of property when the relationship ends.
2007-08-11 17:12:42 · answer #2 · answered by yedda_2000 2 · 0⤊ 1⤋
What country are you in? Laws are different in different countries.
Here in Engand, if he and his deceased wife owned the house, the house is now his entirely. She may claim a share of it if they married and divorced but she would most likely be unsuccessful, not having made a contribution to either running the home financially, raising the children etc.
This man has every right to permit his gf to live there, or even to ask her to leave if he so wishes. He may add her name to the deeds or do whatever he wishes with his house.
Your friend sound like she considers your dad's house as HER house rather than his, like she is waiting for him to follow his wife to the grave and leave it to her. Sorry to disappoint her but her father is entitled to a life, he is entitled to some companionship and love. It was his wife who died, not him. If your friend wants a house they could try working and buying one instead of waiting to swoop like a vulture.
And to most others talking about "common law" status in England, it is a myth and has not existed in English law for over 700 years!
2007-08-11 17:19:01 · answer #3 · answered by undercover elephant 4 · 0⤊ 0⤋
I believe the government passed some legislation last week sating that any "common law" partner has the same rights as a spouse if they have lived together for 2 or more years.
I guess you have to consider that although they havent perhaps (in this scenario) contributed to the mortgage they have to the home in other ways. Thats why I believe the law was granted.
Perhaps check out the BBC website as they will probably have details on there.
Equally consider it is your friends fathers decision how he splits any estate upon death or needing to sell. As a son/daughter it doesnt automatically give you rights over any property your parents own. Blood is usually thicker than water but not always.
2007-08-11 17:16:21 · answer #4 · answered by Gertrude 2 · 1⤊ 2⤋
I'm not sure if our laws are the same but under common law she is untitled to half of everything after 2 years!! Unless he has willed everything to your friend! I knew a guy that had a house keeper and he died suddenly and she said she had been living with him the daughter took it to court and lost !! The housekeeper got everything but because of court costs she had to sell the house and she got a lot of money for it! The daughter only got lawyers bills!! Even with a will it can be contested by the GF!!
2007-08-11 17:21:31 · answer #5 · answered by Polar Molar 7 · 0⤊ 2⤋
Assuming you are in the UK.
At the moment - very little to none, but moves are afoot to change that with 'live in partner' rights similar to married couple rights. As currently presented this will only apply to couples who have had children together but it may be widened to all living in sin couples.
2007-08-11 17:16:07 · answer #6 · answered by Steven 4 · 0⤊ 0⤋
Im sure you will find that after a certain amount of time ( six months i think) that she is entitled to half of his estate as a common law wife. I think the rule is crazy and stupid as a lot of guys are scared of relationships for this very reason. The law is a really old one. It ties in with another OLD law which is yet to be rectified. If a man marries, then divorces and the woman never marries again, she is entitled to half of anything he has forever, for example if in twenty years he wins the lottery and she still has not married she can claim half of it on the grounds (old ruling remember) that he has married her and therefore sworn to "keep" her or provide for her until such time as another man takes the responsibility over.
So next time a man freaks out when asked "do you think we should move in together?" give him a bit of slack eh?
2007-08-11 17:15:13 · answer #7 · answered by paul p 1 · 0⤊ 3⤋
None unless they marry, or unless she contributes financially towards the mortgage for a period of time and can prove doing so in which case she will have a claim.
If they ahve children together then she will be able to claim in their right or be allowed to stay in home with them in case of seperation
2007-08-12 07:17:06 · answer #8 · answered by misspinkkitten1978 3 · 0⤊ 0⤋
She has the implied right to use (not take or destroy) any common property, as allowed by someone who owns it.
She has no inherent right of ownership over the property, though different states have different laws that create exceptions.
2007-08-11 17:14:40 · answer #9 · answered by coragryph 7 · 0⤊ 0⤋
None what - so - ever. Unless......
She is named on the deeds to the property.
There are joint accounts in both peoples names.
They get married.
Otherwise she can be thrown out with no legal recourse by the person who's name is on all the money and property.
2007-08-11 17:28:46 · answer #10 · answered by futuretopgun101 5 · 1⤊ 0⤋