Partners rights to property.

[Lee Priest]

I have a mortgage in my sole name, the property is registered in my sole name, but for the last 5 years my girlfriend has been living with me. She has never signed an occupiers form waiving her rights, and I have never informed my lender of her residency. She has never contributed to mortgage payments or any improvements to the property, just purely food. Would she have squatters rights to the property, or could would she have any rights to the property?

[vittoria]

from what you say, if you are in England, she has no rights in the property.

[Oneeyedvic]

Sorry must disagree. After 2 years she has become your common law spouse. If you wanted to raise any extra equity or remortgage or even if you try selling, you would need her permission. If you can prove that she had not made any contribution TO YOUR PARTERSHIP, then you may be able to get a court order. However, take into account a supportive wife who cooks, cleans and cares for her husband. Although she has not contributed toward the motgage in any money terms she is still entitled a share. If things do get nasty you should certainly consult a solicitor or at very least Citizens advice

[Sylday]

You don't say where you live, but I'm assuming it's England. I don't believe that under English law your partner would have any rights in the property, in terms of ownership. Oneeyedvic's' reference to a "common law spouse" is certainly wrong, as far as English law is concerned; there is no such thing, even after 22 years living together, let alone 2. However, your partner may well have rights of occupation of your property, and if you tried to evict her against her will she might be able to take the matter to a civil court.

[Oneeyedvic]

Sorry, you are absolutely right Sylday - the 2 year rule applies to partners if one of the partners were to die ie if you were to die, she would be entitled to your house since she has lived with you as a partner for more than 2 years. Whether she has any claim over the property can be open though and depends on if she has contributed anything towards bills. I really would suggest consulting a solicitor