Common Law Rights

[Grohl_316]

My mum has recently split from her partner of 5 years (not married). She owned a house solely in her name which he moved into in August 2001. In July 2002 they moved to another house solely in his name whilst keeping the original house which was rented out. She has accepted a small sum from the sale of the second house on the condition that he would not try to make a claim on her own property. Having moved back into her house this weekend (29/7/06) she has received a letter from his solicitors stating that a charge has been put on the property with the land registry and that she has until June 12th to contest this - which is obviously passed. On contacting the solicitor she was informed that they were aware the house was empty and that she would not receive the notice in time to contest it. Is this legal? Also he didn't pay the mortgage or any household bills - he did however contribute to fitting double glazing. does he have a stake on a house that she has owned for 10 years before meeting him?

[undercovers]

there is no such thing in the english legal system as a common law husband or wife, regarding a claim on her house it seems very unlikely generally the courts will award a boyfriend or a girlfriend a share in the house on a split if (a) it has been promised them and (b) they have relied on that promise to their detriment , alternatively if they have contributed to the mortgage they are entitled to that percentage of the proceeds in return.

your mum needs to get a solicitor immediately and have the land registry altered again, but i can't see she has anything to worry about except the hassle of dealing with this prick

[JustSia]

There were some recent changes in the law, and it is now slightly more complicated than that. From what I understand, if the live-in partner contributed in any way at all towards the up-keep of the property they can claim a compensation. So if he paid for the double-glazing then yes, he can claim some money back of what he contributed. As to the rest of the house your mum might have to prove that she was solely responsible for mortgage and other payments.

With the regards to the notice, if the solicitor admitted that they were aware that the house was empty and you would not receive it then you have all the rights to contest it.

[joko]

if you can get proof that they knew that the house was empty - a letter (though they may refuse) or tape the call, this may be enough to worry them if they know you have evidence that they behaved underhandedly.

as has been said there is no such thing in law as commen law partners - his only claim would be for a portion of the double glazing.

ask for banl statements etc that he paid anything else towards the house - the onus is on him to prove he did rather than for you to prove that he didn't

[mycats]

My friend and her bf have just split up. The house they lived in was in his name but she paid for the new double glazing. She has been told that she is not entitled to anything from the proceeds of the house. Even though they both split payment for everything and she had to move out with their 2 year old son.

[Grohl_316]

thanks I will let her know - that's the way I thought it was thanks for reassurance!