Claim house ?

[woodchopper]

A friend of ours was living with her partner in his house for 17 yrs (since she left home ) when one afternoon she reurned home to find him dead in bed. The house was soley in his name and his next of kin was his mother. His mother told our friend that after her son died she had signed over the house to her but 2 months later the mother died also and no trace of the paperwork for it could be found for the signing over.
Can she claim the house as she was his common law wife? As far as we know payments were soley made by him - she did contribute to the housekeeping/bills etc.

Can the rest of the family claim the house? or would she be better going to court over it?

[Ethel]

Here is some information that states that 'common law partners' have very little rights if the partner dies.

In particular:

And if your partner dies?

* If they haven't made a will, you won�t automatically inherit anything from them, including the family home if it's in their name or if you own it jointly as 'tenants in common'.

It would seem that his next of kin would have inherited - his mother.

On the mother's death her next of kin will inherit, unless she has left a will.

At the moment there are very little rights under common law for unmarried partners.

I think your friend is going to be facing a long drawn out battle if she goes to court, with very little chance of winning.

Legal fees will be horrendous.

[Ethel]

Sorry - forgot the link:

http://www.advicenow.org.uk/go/livingtogether/ index

[lady_p_gold]

Sad news ..... unfortunately as previously said there is probably not a lot you can do, and you can bet your bottom dollar some relative will come scurrying along to be the next next of kin. If you were financially dependent on him then there might be some hope of something but as far as the law goes there is no such thing as a 'common law wife' unfortunately. Once again as in another thread by Weekaz in Body and Soul, these are the things that can happen if you live with someone and do not either marry or draw up some will or agreement in the event of death or separation. Good luck and hope you can sort something out.

[lady_p_gold]

Sorry ... all the above relating to your friend I mean

[Golden Shred]

It's a long shot, but if the property is Registered a name change may have been done without the paperwork being retained. It is worth �2 to find out - just click this link
http://www.landregisteronline.gov.uk/lro/servl et/TitleSearchServlet?searchType=advanced
and follow the instructions. If not, after 17 years she has a valid claim to at least half the equity, and she should employ a solicitor to enter a Restriction at the Land Registry which will prevent the house from being sold until her claim is settled.

[Golden Shred]

PS I should have said pay �2 to see the Register (at this stage you do not need to see the Plan). The Register gives the name(s).