Friend and partner splitting - who gets the house?

[MyUserName]

They are not married, they moved in together. He pays the mortgage and she pays him some money per month. They have a son.

They have broken up years ago but she still lives there and now he wants her to move as he has a new gf but she is refusing and says she has rights to the house.

Assuming all of these facts are correct I would have thought she would not. Anyone on here know anything about this scenario?

Does the fact she has paid him money towards costs give her a legal position or would that just class her as a tennent?

[mudskipper]

They are not married, they moved in together. He pays the mortgage and she pays him some money per month. They have a son.

They have broken up years ago but she still lives there and now he wants her to move as he has a new gf but she is refusing and says she has rights to the house.

Assuming all of these facts are correct I would have thought she would not. Anyone on here know anything about this scenario?

Does the fact she has paid him money towards costs give her a legal position or would that just class her as a tennent?

Did they have a tenancy agreement? I suspect this would be key.

Edit: actually ignore me, I haven't a clue, I'm just guessing!

[MarillionFan]

They are not married, they moved in together. He pays the mortgage and she pays him some money per month. They have a son.

They have broken up years ago but she still lives there and now he wants her to move as he has a new gf but she is refusing and says she has rights to the house.

Assuming all of these facts are correct I would have thought she would not. Anyone on here know anything about this scenario?

Does the fact she has paid him money towards costs give her a legal position or would that just class her as a tennent?

<mod snip: not remotely amusing>

[SueEllen]

How old is the kid?

Who is the kid's main carer?

Then on her part did she put any money into the house especially to increase it's value?

Firstly they need to sort out a place for the kid to live with his main carer.

Secondly once that's sorted if she paid anything towards the house e.g. paid for maintenance then he needs to give her some money to cover that. She doesn't have any rights to the house other than what money she's put into it.

If they have a formal cohabitation agreement then after sorting out the issues with the kid it would be different.

[eek]

They are not married, they moved in together. He pays the mortgage and she pays him some money per month. They have a son.

They have broken up years ago but she still lives there and now he wants her to move as he has a new gf but she is refusing and says she has rights to the house.

Assuming all of these facts are correct I would have thought she would not. Anyone on here know anything about this scenario?

Does the fact she has paid him money towards costs give her a legal position or would that just class her as a tennent?

He needs to see a solicitor but with a child involved I doubt the advice will be what he wants to hear...

[mudskipper]

How old is the kid?

Who is the kid's main carer?

Then on her part did she put any money into the house especially to increase it's value?

Firstly they need to sort out a place for the kid to live with his main carer.

Secondly once that's sorted if she paid anything towards the house e.g. paid for maintenance then he needs to give her some money to cover that. She doesn't have any rights to the house other than what money she's put into it.

If they have a formal cohabitation agreement then after sorting out the issues with the kid it would be different.

Depends who owns the house - if she moved in to his place, then yes. But if there's a more formal agreement in place (like if they bought it together) then things might be more complicated.

[eek]

How old is the kid?

Who is the kid's main carer?

Then on her part did she put any money into the house especially to increase it's value?

Firstly they need to sort out a place for the kid to live with his main carer.

Secondly once that's sorted if she paid anything towards the house e.g. paid for maintenance then he needs to give her some money to cover that. She doesn't have any rights to the house other than what money she's put into it.

If they have a formal cohabitation agreement then after sorting out the issues with the kid it would be different.

I think the only comment missing from above is in whose name is the house (theirs, his or hers)?

[BrilloPad]

The solicitor gets the house.

HTH

[SueEllen]

He needs to see a solicitor but with a child involved I doubt the advice will be what he wants to hear...

Actually presuming she is the main carer and the house isn't partly owned by her, as long as he can pay for the kid and her to live in a 2 bedroom place plus give her any money she put into the property then he can keep the house.

Most normal people can't afford to do which is the problem.

[MyUserName]

The moved in at the same time but the mortgage is in his name as her credit rating was too poor to get one. I think his son is about 8?

No agreements or anything like that as far as I am aware.