Friend and partner splitting - who gets the house?

[eek]

That is relevant to the maintenance payments (I don't know what is happening with that) but is it relevant to whether she can refuse to leave the house?

Quite possibly yes. Especially as the mortgage paperwork doesn't seem to reflect the reality. Mortgage taken out in his name but lived together with her paying money towards the mortgage.

As everyone is saying this is a mess and he needs someone who knows the actual law to tell him what he can and can't do...

[MyUserName]

Okay, so in conclusion this is not an open and shut case so he will need to get legal advice unless she agrees privately to leave

[eek]

Okay, so in conclusion this is not an open and shut case so he will need to get legal advice unless she agrees privately to leave

No its not an open and cut case but asking her to leave privately would probably open up a bigger can of worms...

He really needs legal advice before he does anything. Many solicitors will provide an initial appointment for free and he needs it...

[EternalOptimist]

I have been studying law for three years now, and cases like this in particular.

How much of the money that she has been paying towards the house has come from her boyfriend ?
what proportion of the mortgage has she been paying ?
How has she been paying ? is there an audit trail ?


sry, must dash. Judge Judy is coming on the telly in a minute

[vetran]

So you ask for advice but don't post all the facts - weird

Suityitus strikes again! No one is safe

[Underscore Pt2]

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?

She gets first dibs on the house.

[vetran]

The Kid gets first dibs on the house She gets first dibs on the kid.

FTFY

[Underscore Pt2]

FTFY

Indeed. and even if they agree to share custody 50/50 she will always be principal carer...

Bottom line...If you have children expect to pay for the ex and the children until they are at least 18.

If she wants to stay in that house - she will get it until you agree a sale and split of proceeds. Doesnt matter if she didnt pay the mortgage, she can just claim she bought all the groceries etc. The law is an ass and there is no sign of it being updated to reflect modern society.

[Willapp]

If she wants to stay in that house - she will get it until you agree a sale and split of proceeds. Doesnt matter if she didnt pay the mortgage, she can just claim she bought all the groceries etc. The law is an ass and there is no sign of it being updated to reflect modern society.

But can he force a sale of the property? I don't know much about these situations, but if the mortgage is in his name alone, what's to stop him putting the property on the market? Granted not much chance of it selling if she refuses to let people view it, but if legally it isn't "her" house can she stop it getting sold?

Agree the child's needs come first, but if he's got £X equity tied up in the house is there really no way he can get at that money if she refuses to move out? That does seem a bit harsh on him...

[SueEllen]

Indeed. and even if they agree to share custody 50/50 she will always be principal carer...

Bottom line...If you have children expect to pay for the ex and the children until they are at least 18.

If she wants to stay in that house - she will get it until you agree a sale and split of proceeds. Doesnt matter if she didnt pay the mortgage, she can just claim she bought all the groceries etc. The law is an ass and there is no sign of it being updated to reflect modern society.

If it was updated to reflect modern society she would have more rights.

At the moment there are legal battles going on arguing how much the cohabitee without assets in their name should have after they split up.

Best situation talk to a lawyer and come a with a plan that leaves the house in the kid's name only.