Does some one have claim to your house if they live with you - HotUKDeals
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Does some one have claim to your house if they live with you

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Hi all , a friend of my husband owns his own house his gf has moved in with him he has a fair bit of money and he pays all bills, he has no intention of splitting with his gf he loves her but his fami… Read More
SABJ Avatar
8y, 2m agoPosted 8 years, 2 months ago
Hi all , a friend of my husband owns his own house his gf has moved in with him he has a fair bit of money and he pays all bills, he has no intention of splitting with his gf he loves her but his family think she is there for the money and worry if they split she would have claim to his house and everything he has worked for is this the case? do you need to live there so long before having claim to it or is it always hes as its in his name,
i have looked online but cant find any info i would just like to know so i can put his mams head at ease as she worrys about her son thanks
SABJ Avatar
8y, 2m agoPosted 8 years, 2 months ago
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1 Like #1
Not yet, but the Cohabitation Bill will become law in the future, I would think it'll be an Act of Parliament by the end of the year. I believe it is 2 years of continuous cohabitation and they could have rights to the house (from when it becomes law) So he has a while to get rid yet.
1 Like #2
I think it depends on where you are in the country but in Scotland, Im sure its if they have been living with each other for two years as your partner then they are entitled to half the properrty. Not sure about the other assets.
1 Like #3
Yes she has a right to his estate if she can proof he supported her financially. Basically if she lives with him she has a valid claim.

Edit:

Sorry this is if he were to die!
#4
KINGMUZZZAUK
Yes she has a right to his estate if she can proof he supported her financially. Basically if she lives with him she has a valid claim.



so if he says he paid all bills and mortgage and everything she would still have claim, thats a little scarey for his mum lets hope she isnt a gold digger
#5
bonecrusher9000
Not yet, but the Cohabitation Bill will become law in the future, I would think it'll be an Act of Parliament by the end of the year. I believe it is 2 years of continuous cohabitation and they could have rights to the house (from when it becomes law) So he has a while to get rid yet.



he lived in a property he owned outright with her for about 18mths and they now live in his new house for the last yr he has a mortgage on this one so would the new law give her rights to both
#6
KINGMUZZZAUK
Yes she has a right to his estate if she can proof he supported her financially. Basically if she lives with him she has a valid claim.

Edit:

Sorry this is if he were to die!


I think you're getting mixed up with if she makes a financial contribution she has rights
#7
SABJ
he lived in a property he owned outright with her for about 18mths and they now live in his new house for the last yr he has a mortgage on this one so would the new law give her rights to both


Does she make any contribution towards bills/upkeep/mortgage or does she do jobs around the house?
1 Like #8
What about if she paid him rent towards the mortgage and bills - would affect the rights she has?
#9
what you want to do is ask someone in the legal profession because its a complicated world and (nothing personal everyone) i wouldnt take legal advice form the MISC section of hotukdeals.....
#10
tanzc69
What about if she paid him rent towards the mortgage and bills - would affect the rights she has?


Yes there have been court cases where the cohabitant has received an interest in a property where they have contributed mortgage payments

The share of the house will vary according to the share of the repayments they contributed towards
#11
SOSAGES1
what you want to do is ask someone in the legal profession because its a complicated world and (nothing personal everyone) i wouldnt take legal advice form the MISC section of hotukdeals.....



im not really in a position to be seeking legal advice on behalf of him, i just feel for his mam and hoped someone on here would know if the law would be on his or her side, they havnt split or intend of splitting i just hoped i could put his mam at ease :)
1 Like #12
At the present time only contribution towards the mortgage or substantial works on the house which would increase the value of the property or she contributed towards the deposit on purchase would give rise to a claim against the property
1 Like #13
I think she can claim half of the value, if her name is in the property deeds and mortgage(even if payment goes from one person's account). Otherwise she will have to prove that she contributed towards the mortgage and other bills.
#14
bonecrusher9000
Yes there have been court cases where the cohabitant has received an interest in a property where they have contributed mortgage payments

The share of the house will vary according to the share of the repayments they contributed towards




she hasnt paid a penny since she lived with him i think thats why his mam worries she get paid holidays all bills paid shopping clothing you name it he pays it, wich is fine if thats how they work i have no problem with it personally but his mam has a feeling thats why the girl is there as she treats him like dirt, imo he must like it hes been with her long enuff
1 Like #15
families cause trouble in the garden of Eden through over protective worries

are they considering marriage and/or children?

Does he consider her his lodger... his common law wife... his girlfriend soon to be his wife?

If the couple involved wish to make a legal arrangement stating their investments and what they take into the relationship and what they can take out of it they can seek legal advice.

If this is just the worries of a mum for her adult son, I totally confer, but we bring our children up to be independent adults. She must just take a back seat and be glad that he is happy with someone or possibly risk being excluded from the sons life x x
#16
Marina
I think she can claim half of the value, if her name is in the property deeds and mortgage(even if payment goes from one person's account). Otherwise she will have to prove that she contributed towards the mortgage and other bills.



i think this would put her at ease thats what she hoped she said in the long run him paying for everything might help if they split as hopefully she wont have claim


thanks to all that helped i will rep now :thumbsup:
1 Like #17
Well surely if the woman is so worried about her son being taken for a ride she needs to have a word with him about the way she contributes and that he needs to ask for money towards the household? my boyfriend owns the house we live in and i have been living there for a year but i would never dream of not paying my half towards the bills! girls like that really get under my nose!
#18
tanzc69
Well surely if the woman is so worried about her son being taken for a ride she needs to have a word with him about the way she contributes and that he needs to ask for money towards the household? my boyfriend owns the house we live in and i have been living there for a year but i would never dream of not paying my half towards the bills! girls like that really get under my nose!


Well said
#19
ClarityofMind
families cause trouble in the garden of Eden through over protective worries

are they considering marriage and/or children?

Does he consider her his lodger... his common law wife... his girlfriend soon to be his wife?

If the couple involved wish to make a legal arrangement stating their investments and what they take into the relationship and what they can take out of it they can seek legal advice.

If this is just the worries of a mum for her adult son, I totally confer, but we bring our children up to be independent adults. She must just take a back seat and be glad that he is happy with someone or possibly risk being excluded from the sons life x x


i dont think the girl ever wants children shes a bit of a wag wanna be but i know he would love kids with her they not married or engaged she keeps asking him but he says he isnt ready.
i know i think its a overprotective mum and what ever will be will be she hasnt told him of her fears incase she looses him,
i agree with what you say tho he is a adult and is happy supose its just hard for a mam not to worry when he has worked so hard
#20
SOSAGES1
what you want to do is ask someone in the legal profession because its a complicated world and (nothing personal everyone) i wouldnt take legal advice form the MISC section of hotukdeals.....



How do you know what profession some members here are in - there are some who practice law and would try to help where they can but obviously any replies are not set in stone, just an indication
#21
tanzc69
Well surely if the woman is so worried about her son being taken for a ride she needs to have a word with him about the way she contributes and that he needs to ask for money towards the household? my boyfriend owns the house we live in and i have been living there for a year but i would never dream of not paying my half towards the bills! girls like that really get under my nose!


her son is so bessotted with this girl i think his mum doesnt want to rock the boat incase she looses her son its hard to say somthing bad about your son/daughters patner, hopefully she will get used to them being together as the son doesnt seem to be going anywhere
#22
well if he wants to spend all his hard earnt cash on her and let her lead this life style she is obviously so accustomed and then the realtionship goes tits up - i really only think he has himself to blame!!
#23
how old are these two? the way the mother is acting you would think they were in their teens but i doubt this - i think she needs to loosen those apron strings!!
#24
tanzc69
well if he wants to spend all his hard earnt cash on her and let her lead this life style she is obviously so accustomed and then the realtionship goes tits up - i really only think he has himself to blame!!


i know its sad love is a powerfull thing lets just hope shes there for more than the money :roll:
#25
SABJ
i dont think the girl ever wants children shes a bit of a wag wanna be but i know he would love kids with her they not married or engaged she keeps asking him but he says he isnt ready.
i know i think its a overprotective mum and what ever will be will be she hasnt told him of her fears incase she looses him,
i agree with what you say tho he is a adult and is happy supose its just hard for a mam not to worry when he has worked so hard


yes totally, all mums would worry! I would too.

But he is independent and even though besotted has not yet agreed to marriage etc so isn't as "blindly" in love perhaps as she is scared of.. encourage her to have trust in her skills at having raised as wise man as a son x x x
#26
tanzc69
how old are these two? the way the mother is acting you would think they were in their teens but i doubt this - i think she needs to loosen those apron strings!!


hes 23 and shes 24
#27
bonecrusher9000
Not yet, but the Cohabitation Bill will become law in the future, I would think it'll be an Act of Parliament by the end of the year. I believe it is 2 years of continuous cohabitation and they could have rights to the house (from when it becomes law) So he has a while to get rid yet.


Private member bill - only just had its second reading in the HoL Im guessing it may be 2010 before it becomes law. but yeah this....

fireheaven; At the present time only contribution towards the mortgage or substantial works on the house which would increase the value of the property or she contributed towards the deposit on purchase would give rise to a claim against the property
#28
fireheaven is the only one giving correct advice here; merely living with someone does not give rise to property rights. For the relevant law look at the case of Stack v Dowden - don't take any anonymous advice at face value, and always seek proper legal advice if you need to.
#29
thanks everyone for your replys, i have reped most of you but i have ran out so the last 2 i will rep tomorow thanks again i hoped it was the case of what firehaven said this should reasure her a little theres no point in any of us taking legal advice as its not even happened its just to make a mum feel a little better about her son
thanks again i appreciate everyones time

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