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Is my Ex Entitled to a Percentage of the House?

By: Emma Jones - Updated: 9 May 2019 | comments*Discuss
 
Is My Ex Entitled To A Percentage Of The House?

Q.

I have recently split with my partner after 5 years, we were not married, have 2 children and a mortgage that is solely in my name. I have worked throughout the relationship and been the only financial provider for the family.

She has not worked or contributed in any way. She chose to leave the house and take our 2 children to live on benefits in a council house. I have a feeling she is about to try to take a % of my house, is she entitled to any of it?

(Mr Rob Simpson, 25 November 2008)

A.

Many couples choose to live together without getting married and this is often referred to as ‘common law marriage’. However, this term is not recognized by law and does not hold any of the same rights as a legal marriage, however long you have been together. Many people believe that they are entitled to a percentage of their partner’s assets but this is not true. This is good news for you!

If the mortgage is solely in your name and you did not have any formal cohabitation or rental agreement with your partner then she is not entitled to claim any of your house. You say that you have been the sole provider, but even if your partner had been making financial contributions, unless her name is on the deeds, it’s all yours. She may still try to make a claim but the law is on your side and she is unlikely to have a case.

Having said that, you have two children together and you need to think about their welfare too. You will have to, by law, pay child maintenance to your partner but you may want to think about what else you could contribute to make your children’s lives better. It is understandable that you will feel angry towards your partner, and she has made her own choices, but this should not impact on your children’s lives.

Try to remain as civil as possible with their mother and come to an arrangement about custody and child support. If you cannot work this out together then there are a lot of liaison services available that will help you or you can take it through the courts.

You may also want to think about making a will so that your children are guaranteed to inherit your property if anything may happen to you. You can state that they don’t receive any of it until a certain age, or assign a executor so that your ex-partner doesn’t try to get hold of it.

Whatever you decide to do, your home is all yours but make sure that your children remain your priority and that they are protected, both financially and emotionally.

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My ex fiancé has left me on her own will moving and taking 2 children both not mine boy 17 girl 11 both and moving to her aunties house. The house is in my name as I had purchased it before the relationship my ex did work during our relationship during the 4 year relationship. I understand my ex has entitlements I’m just wondering what my ex is entitled to and if there is a time limit to claim thanks
Robbo - 9-May-19 @ 5:03 AM
My ex never worked. She came to me with debt which I paid off. We got a mortgage together in joint names as we were advised that we’d have a better chance of being approved if both names appeared. On our divorce the finance wasn’t settled as our lender wanted 30k to take her name off the mortgage. As I was paying for an expensive custody suit over our daughter I had no where near 30k to give up. The house was 20k negative equity when she left and the lender wanted a 10k fee. Now 9 years later, I’ve spoken to her and she agreed that she was never in it for financial gain and she’d sign any relevant forms to remove her name from the mortgage. I swiftly went to the bank who said they’d be happy to lend me the money in my sole name, my solicitor then prepared the papers for signature by my ex. On reading them she noticed that they recommended legal advice and that her signature must be witnessed by a solicitor. She rang my solicitor and told him that she didn’t want legal representation and could she just come in and sign the forms infront of him. He said no and she must seek her own solicitor. On doing this her solicitor advised she’d be stupid to sign the forms. And there it ends. She isn’t perusing anything and hasn’t asked for anything but will not sign. What may she be entitled to?? I’ve extensively updated the property and have paid the mortgage on my own since it was taken out in 2006. All of which I can prove.
V-exd - 31-Mar-19 @ 9:52 PM
I have been married to my husband for 18 months and lived together for 5 years before that.He has cheated on me and moved out.I had a house and mortgage before I met him and he moved in with me. My name is only on the mortgage and I have only ever paid the mortgage. Is he entitled to a share of the increase in the value of the property over the six years or is it the total market value now of the property. Thank you in advance.
Liz - 13-Mar-19 @ 12:18 AM
Lived with a partner for 18 months but only 6 months together and 12 months separate rooms he is saying he is entitled to half of my savings and half of my car even thou my mum can prove she payed for my car is this right
Jue - 1-Mar-19 @ 5:25 PM
I lived in a property with my ex partner for 4 years, I was not on the mortgage, but contributed to the bills, my ex partner had full access to my bank account and regularly transferred money from my account to hers. During this period I paid for appliances, redecorated the entire house, developed and maintained the property to a high standard. When i moved out of the property over 2 years ago, i took nothing with me and left her with everything. She is now selling the house for a very healthy profit, but has not told me about this, including not having a 'for sale' sign at the property. This leads me to believe she thinks I may be entitled to a percentage of any house sale. I would like to know if i am entitled to any percentage of the sale when it is sold, any advice would be greatly appreciated. Many thanks
Ash - 15-Feb-19 @ 10:44 AM
Hi I got married in September but split form my wife in December the same year we have been separated for a year and I have got my life together and I’m about to buy a house I would like to know is will see be entitled to my house even though she has not lived in it or payed anything to it thanks
Bob - 9-Jan-19 @ 11:42 PM
I have been separated from my wife since November 2014. We had a long child custody battle that went on until November 2016. I have shared custody of my son 50-50. I purchased a house a few years after we married which is only on my name and I am paying the mortgage and after the court case my son and I are living in the house. My wife has never lived in the house neither has she contributed or is on the deeds. My question is I am going to be filing for divorce and wondered is she entitled to half of the equity of the house? What’s the chances of taking anything from the house? Please help as I have already spent £30k on child custody court case. Thanking you in advance
Shabs128 - 2-Jan-19 @ 8:29 PM
Hi there, I left my partner 4 years ago with my daughter. I left everything I had in the home which I had contributed to for 4 years. He has paid maintenance occasionally but probably has 3 years outstanding. He says he isn’t working when he is but assume it’s cash mostly as HMRC don’t have records! He has just sold his house and probably cleared about 100k after debts. Would I be entitled to a share of the house? Colleagues and friends seem to think as we had a child I would be due a share in order to provide a home for our daughter.
Lilyboo - 7-Nov-18 @ 8:24 PM
Can my ex husband of 11 years divorced 4 . Never contributed a penny claim 50% of home .. his name still on mortgage.
Annie - 28-Oct-18 @ 8:43 PM
Is my astranged wife untitled to share of my house that I buy in the future
berty - 20-Oct-18 @ 12:49 PM
How can after 9 years of not living or contributing to the house we both have our name on my ex now wants half of it
Miss upset - 4-Oct-18 @ 10:45 PM
Hi I've been married for 12 years and am getting a divorce from my wife we have 2 kids. I own the property solely in my name, is she entitled to half the property?
SJ - 27-Sep-18 @ 11:33 AM
Have not be with my ex husband for 11 years . Divorced 4 years .hes never contributed a penny . Now asking for 50 percent . Can he do this ?
Annie - 25-Sep-18 @ 10:33 PM
Hi, my ex husband moved out of the flat we bought together in 2007. We finally divorced in 2009. as a result of mediation we agreed that he would wait till I was financially able to have a mortgagee on my sole name. since I have had a family and my new partner lives with me.The reason my ex was keen to wait was that during the marriage I had acquired joint debts but as those were on my name he refused to pay a penny I had to declare bankruptcy. I am now financially solvent. There is very little equity in the flat. In principle my ex has agreed to transferred the property to me but this has not materialised. despite calls etc etc what can I do?
Castro - 19-Sep-18 @ 2:22 AM
Iv been split from my ex wife for 8 years divorced for 18 months I'm still living in the house which she is on the deeds and mortgage however she's never contributed to any payments or anything financially she lived off my wages she left on her own accord and took the children with her she's now demanding to take me to court for a lump sum/half of the equityas I want her name off the mortgage. Has she got the right even though she hasn't lived there for 8 years or ever contributed?
In a rut - 6-Sep-18 @ 8:38 PM
Deanah - Your Question:
Hi my partner has been estranged from his cheating wife for 14yrs,he sold the house and gave her half, he then brought another house and two of his children lived with him/us until they moved out and now live there own lives, he then sold the house and brought a mobile home, he has made a will stating that I can live in our home until I die or I can no longer live here my question is has his estranged wife got any rights to this property.

Our Response:
It is unlikely your partner's ex will have any rights to the property if a financial agreement has been previously made. A clean-break divorce usually is the best approach to ensure no further claims can possibly be made.
RelationshipExpert - 4-Sep-18 @ 3:23 PM
Hi my partner has been estranged from his cheating wife for 14yrs,he sold the house and gave her half, he then brought another house and two of his children lived with him/us until they moved out and now live there own lives, he then sold the house and brought a mobile home, he has made a will stating that I can live in our home until I die or I can no longer live here my question is has his estranged wife got any rights to this property.
Deanah - 29-Aug-18 @ 11:20 AM
I have a joint norgage in 3 names my own name husbands name and mothers name I split from husband 11 years ago I have been paying mortgage myself since he left he has been ignoring letters from my solicitor so if it has to go to court would I come off best or would he still be entitled to half or a third off his share
Hannah - 21-Aug-18 @ 2:35 PM
Zebra - Your Question:
My question is, I bought a house in 2007 with an ex-girlfriend, she only lived in the property with me for approximately 7 months. I kept the house and have paid the mortgage, never missed a payment. I tried to get her to sign a transfer of equity document, which she would not sign.Since I have got married and have to children, I went self employed 3 and a half years ago so have over the last few months been sorting the mortgage, which she wanted to do and we have spoken, with her stating she just wants out. She is not returning any of calls or text messages, I do know that she has received the. What rights has she got when she never paid a single penny towards the mortgage ever, and has not even lived there for 10 years.We where not married or had kids children.

Our Response:
If your ex wants out, then it is in her best interests to try to resolve this matter. If she continues to ignore you, your only way to resolve the matter would be through court (which will cost you both). It is likely, if you have paid the mortgage for 10 years then the house will revert to you. One option would be to offer her the money back that she put into it i.e; a deposit (if she helped contribute).
RelationshipExpert - 13-Aug-18 @ 10:32 AM
My question is, I bought a house in 2007 with an ex-girlfriend, she only lived in the property with me for approximately 7 months. I kept the house and have paid the mortgage, never missed a payment. I tried to get her to sign a transfer of equity document, which she would not sign. Since I have got married and have to children, I went self employed 3 and a half years ago so have over the last few months been sorting the mortgage, which she wanted to do and we have spoken, with her stating she just wants out. She is not returning any of calls or text messages, I do know that she has received the. What rights has she got when she never paid a single penny towards the mortgage ever, and has not even lived there for 10 years. We where not married or had kids children.
Zebra - 11-Aug-18 @ 5:16 PM
Lefrog - Your Question:
My partner is still married but they have not lived together for about 5 years. They have 2 children from the marriage (1 aged 15, 1 aged 13) and 1 older child of hers from a previous relationship who is now 24years old (My partner did not adopt her when he was married to her mum). He owns a house of which the mortgage is solely on his name,and only he makes mortgage payments. Is she entitled to anything if he either sells, or is she entitled to anything if he passes away? Next dilemma is his previous partner before me is named on his will in that in the event of his death, she is entitled to live at the property at the agreement of the oldest child (the 24 year old). Does this allow her any entitlement to the property?

Our Response:
Yes, she is (if they are married and have children). Even if the property is in one name, marriage means the property becomes jointly-owned. However, much depends upon the length of their marriage and the fact they have children together which will determine the financial split. Just because he pays the mortgage, it doesn't guarantee him a larger slice, especially if his ex is bringing up and caring for his children.
RelationshipExpert - 26-Jul-18 @ 3:07 PM
Petra - Your Question:
I've got a joint mortgage with my former partner best friend. After few years we have separated. My former partner is not on the mortgage but he's demanding money money from me after selling the house. I have to say that we bought the house in 2006 and in 2008 I took a personal lown of£50.000 from the same mortgage company and we used the money to buy a second property under my partner's name. He sold the house,he took all the profits and now he's expecting the share the profit from selling the house bought under my name and his friend's name.Please let me know if he's legally entitled for any money I make from selling the property bought when we were together?he'd name is not on the mortgage. Thank you so much!

Our Response:
If your ex's name is not on the property, but he is financially involved then he can register a beneficial interest in the property if there was some kind of implied agreement in place. If he hasn't done this and the sale is going through and you do not intend to pay him and perceived money owed, then his only recourse would be to try to claim through court. The court would then decide what it thinks fair. It will also take into consideration the other property where you did not gain any money.
RelationshipExpert - 26-Jul-18 @ 1:53 PM
I've got a joint mortgage with my former partner best friend. After few years we have separated.My former partner is not on the mortgage but he's demanding money money from me after selling the house. I have to say that we bought the house in 2006 and in 2008 I took a personal lown of£50.000 from the same mortgage company and we used the money to buy a second property under my partner's name. He sold the house,he took all the profits and now he's expecting the share the profit from selling the house bought under my name and his friend's name. Please let me know if he's legally entitled for any money I make from selling the property bought when we were together?he'd name is not on the mortgage. Thank you so much!
Petra - 25-Jul-18 @ 7:22 AM
My partner is still married but they have not lived together for about 5 years.They have 2 children from the marriage (1 aged 15, 1 aged 13) and 1 older child of hers from a previous relationship who is now 24years old (My partner did not adopt her when he was married to her mum).He owns a house of which the mortgage is solely on his name,and only he makes mortgage payments.Is she entitled to anything if he either sells, or is she entitled to anything if he passes away? Next dilemma is his previous partner before me is named on his will in that in the event of his death, she is entitled to live at the property at the agreement of the oldest child (the 24 year old).Does this allow her any entitlement to the property?
Lefrog - 24-Jul-18 @ 9:55 PM
I have lived with my Partner for 13 years. She owns the property and there is no mortgage or debt . I have a paid and maintained the house and also all the bills food ect ECT.. She has no income what so ever and has no benefits just living on my wage... After 13 years we have decided to call it a day... What are my entitlements please....
Fast one - 23-Jul-18 @ 1:48 PM
Paula - Your Question:
Divorcing after 12 years, 2 children aged 6 and 8, we both work full time and contribute fairly equally. Initial discussion suggests he will not dispute us staying in the family home until kids are at school but then wants to sell house 50-50. He will be seeing kids every other weekendDespite me becoming the main carer I will need to remain working fulll time as he will not be paying half of our current expenses meaning the financial burden on me will be higher. I have two main questions- can I request that he pays at least half or more as I need to reduce at least to 4 days to meet their needs- if the kids are not living at 18, should the sale of the family home be even up for discussion, let alone 50-50 - they will be dependent on us (or me as the main carer) for life.my husband does not want shared custody and I have agreed he can be with the kids in the house on his weekends (i will look to go somewhere which will add to the expense, but the disruption for them will be too much otherwise)any advice will be much appreciated as we have mediation coming up and I am not sure how to approach - it all seems so much more complex with both our kids being disabled

Our Response:
There are no real rules to financial separation. If you can, the best way is to try to resolve your financial issues together keeping your kids best interests at heart. If you cannot agree between you, then mediation is the next option for you both to consider (which you are). With regards to long term needs, then either you decide between you or via mediation, otherwise you would have the option to take the matter to court for the court to decide.
RelationshipExpert - 12-Jul-18 @ 11:12 AM
Divorcing after 12 years, 2 children aged 6 and 8, we both work full time and contribute fairly equally. Initial discussion suggests he will not dispute us staying in the family home until kids are at school but then wants to sell house 50-50. He will be seeing kids every other weekend Despite me becoming the main carer I will need to remain working fulll time as he will not be paying half of our current expenses meaning the financial burden on me will be higher. I have two main questions - can I request that he pays at least half or more as I need to reduce at least to 4 days to meet their needs - if the kids are not living at 18, should the sale of the family home be even up for discussion, let alone 50-50 -they will be dependent on us (or me as the main carer) for life. my husband does not want shared custody and i have agreed he can be with the kids in the house on his weekends (i will look to go somewhere which will add to the expense, but the disruption for them will be too much otherwise) any advice will be much appreciated as we have mediation coming up and i am not sure how to approach - it all seems so much more complex with both our kids being disabled
Paula - 10-Jul-18 @ 11:38 PM
Leeroy - Your Question:
I have owned my house for a couple of years now.I was engaged to my ex partner a few months ago and due to get married but I wasn't happy and have called it all off and we separated.She is now claiming she put £15k into the house renovations, furniture and belongings etc.She isn't on the deeds to the house and not the mortgage either. We took out a JOINT loan of £25k for the wedding.I have said I will take care of the loan fully and I gave her £10,000 when she left.She is now claiming I owe her more. DO I?considering I am paying for the whole of the loan which we both signed up to? I have also let her take her friend take my place on our pre booked honeymoon

Our Response:
Unless your ex can prove she spent £15K on renovations then she would not have any recourse through the courts.
RelationshipExpert - 26-Jun-18 @ 12:58 PM
I have owned my house for a couple of years now.I was engaged to my ex partner a few months ago and due to get married but i wasn't happy and have called it all off and we separated.She is now claiming she put £15k into the house renovations, furniture and belongings etc.She isn't on the deeds to the house and not the mortgage either. We took out a JOINT loan of £25k for the wedding.I have said i will take care of the loan fully and i gave her £10,000 when she left.She is now claiming i owe her more. DO I?considering i am paying for the whole of the loan which we both signed up to? I have also let her take her friend take my place on our pre booked honeymoon
Leeroy - 25-Jun-18 @ 7:44 PM
Natasha - Your Question:
My partner and I purchased a property in Nov 2004. A year to the date he moved out. I haven't seen or heard from him since and he has paid nothing toward the mortgage (except his half in that first year).I'm aware that to sell the property now, I need his approval but how can I achieve this if I don't know exactly where he is and if I sell, is he really entitled to anything after not paying for the last 14yrs?We were never married. We didn't have any legal binding agreement that documented what would happen if we split. He just upped and left one day. I know he is married and his now wife, had two children from a previous relationship but I don't know if they have had any more together. I don't have an endless supply of money to pay for lawyers or solicitors so don't really know what I can do?

Our Response:
If your partner's name is on the mortgage, then you would have to locate him in order to sell. There are many ways of tracing a person. If you cannot find your ex via family, mutual friends, social media etc. Otherwise, you could use a tracing agent which have access to extensive databases including government records and credit bureau files. It's unlikely your ex would be entitled to anything unless he put in a significant deposit. Therefore, finding him first and trying to come to a mutual agreement or mediation would be less costly than taking the matter to court.
RelationshipExpert - 25-Jun-18 @ 10:13 AM
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