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Is my Ex Entitled to a Percentage of the House?

By: Emma Jones - Updated: 21 May 2017 | 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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Dan - Your Question:
Hi a friend of mine has been with a guy for 4 years, she had him put onto her mortgage but he couldn't get life insurance, it turns out he is a registered alcoholic and he has put loads of debts onto the mortgage , he is now claiming that half the house is his, he has been on the mortgage for about 1 year, she has lived there for over 21 years, they are not married. Any advice would be great. Thank you.

Our Response:
Much depends upon the loans in question and whether your friend has signed for the loan or whether her partner has signed fraudulently. In a case such as this your friend would have to take legal advice.
RelationshipExpert - 22-May-17 @ 10:48 AM
Hi a friend of mine has been with a guy for 4 years, she had him put onto her mortgage but he couldn't get life insurance, it turns out he is a registered alcoholic and he has put loads of debts onto the mortgage , he is now claiming that half the house is his, he has been on the mortgage for about 1 year, she has lived there for over 21 years, they are not married. Any advice would be great. Thank you.
Dan - 21-May-17 @ 8:08 AM
Steve - Your Question:
I sold my home 10 years ago for 155000 and bought a house for 170000 soley in my name but moved my new partner in. I paid the mortgage and the title is in my name only. We have now split and she says a solicitor says she is entitled to half the house. She has a bequeathed home from her mother worth 100000 but says I am not entitled to it. We have 48000 in joint saving though 60000 originally came from her mothers will but we have had cars, holidays and spent on the house. I save 700 a month and she 100 so we have basically put in and taken out for things. Is she really entitled to half the house as the solictor said. I'm happy for her to take the joint savings and half the profit on the sale. (sale price 200,000) to take into account what we have spent.

Our Response:
Much depends upon how long your partner has lived with you and whether you have children together regarding whether she can successfully register an interest. However, it is highly unlikely your partner would be entitled to half the house if you have invested most of the money. But, if there are children involved she may have more rights to claim,please see link here.
RelationshipExpert - 8-May-17 @ 2:48 PM
I sold my home 10 years ago for 155000 and bought a house for 170000 soley in my name but moved my new partner in. I paid the mortgage and the title is in my name only. We have now split and she says a solicitor says she is entitled to half the house. She has a bequeathed home from her mother worth 100000 but says I am not entitled to it. We have 48000 in joint saving though 60000 originally came from her mothers will but we have had cars, holidays and spent on the house. I save 700 a month and she 100 so we have basically put in and taken out for things. Is she really entitled to half the house as the solictor said. I'm happy for her to take the joint savings and half the profit on the sale. (sale price 200,000) to take into account what we have spent.
Steve - 7-May-17 @ 11:39 PM
Spit - Your Question:
Me and my ex split 10 yrs ago, she left the martial home that we bought 4 years before. We unofficially shared custody of my daughter for 18 months, then my daughter decided to live with me full time. My ex then divorced me a few years later without any financial closure. She tried forcing a sale of the property at the time but was told she couldn't whilst my daughter was in full time education. She has not contributed to the mortgage for over 6 yrs. My daughter finished full time education a few years ago and because I can't buy my ex out and take over the mortgage on my own I now have to sell the property. How much of the equity is my ex entitled to?? There was a debt run up on mortgage when we first split which I actually paid off over 3 years

Our Response:
You would have to seek legal advice or mediation/divorce arbitration regarding this, if you cannot agree on a figure. The advisers will take into consideration what you both have put into the property in order to determine what both will get out. It's easier and more cost-effective if you can come to an arrangement between you, taking into account what you have both put in.
RelationshipExpert - 3-May-17 @ 11:16 AM
Me and my ex split 10 yrs ago, she left the martial home that we bought 4 years before. We unofficially shared custody of my daughter for 18 months, then my daughter decided to live with me full time. My ex then divorced me a few years later without any financial closure. She tried forcing a sale of the property at the timebut wastold she couldn't whilst my daughter was in full time education. She has not contributed to the mortgage for over 6 yrs. My daughter finished full time education a few years ago and because I can't buy my ex out and take over the mortgage on my own I now have to sell the property. How much of the equity is my ex entitled to?? There was a debt run up on mortgage when we first split which I actually paid off over 3 years
Spit - 2-May-17 @ 7:52 PM
Ben - Your Question:
HiAfter a bit of advice. In November me & my gf split after 11 years together. We jointly own a house which we bought in 2013. We paid £185k for it & it's now worth £270k. Since 2013 my gf (who earns more) has been paying the mortgage, whilst I paid most of the rest (mortgage monthly was £530, I was paying £250 for everything else).We initially bought the house thanks to substantial (£20k plus) deposit gift to myself from my parents. In the eventuality things do not remain cordial, and we can't sort it out acrimoniously, where would I stand? My gf has told me that one of her friends believes she's entitled to the whole sum/more of the house as she's been the one paying the mortgage, and this has worried me somewhat.

Our Response:
You don't say whether you have children between you or not, as this would make a difference regarding whether you could force your ex to sell or buy you out. The longer your ex pays the mortage alone, then obviously should the matter have to be resolved either through arbitration or through court, then she would have more of a claim. When calculating how such an asset should be split, it will start at 50/50 and then work backwards taking into consideration who has contributed more financially to the house. The longer your ex pays the mortgage - the greater her prospective claim. If you don't have children, then you could look into asking your ex to buy you out, or sell in order to release your equity. If you do have children, then it's likely a court would not force your ex to sell as the court's main priority is to ensure your chidlren have a roof over their heads until they leave full-time education. Therefore, some legal advice may be needed here.
RelationshipExpert - 28-Apr-17 @ 2:35 PM
Hi,I'm thinking of leaving my partner of 10 years.we've got two kids together and a mortgage in both our names but we aren't married.he said he won't sell the house or give me any money.ifI move out am I entitled to some money from the house? House is now worth £300 000.I have been contributingto the mortgage for last 3 years but I was giving him cash every month.if it's not proved in the bank I paid him money am I still entitled to some money?
Pav - 28-Apr-17 @ 1:02 PM
Hi After a bit of advice. In November me & my gf split after 11 years together. We jointly own a house which we bought in 2013. We paid £185k for it & it's now worth £270k. Since 2013 my gf (who earns more) has been paying the mortgage, whilst I paid most of the rest (mortgage monthly was £530, I was paying £250 for everything else). We initially bought the house thanks to substantial (£20k plus) deposit gift to myself from my parents. In the eventuality things do not remain cordial, and we can't sort it out acrimoniously, where would I stand? My gf has told me that one of her friends believes she's entitled to the whole sum/more of the house as she's been the one paying the mortgage, and this has worried me somewhat.
Ben - 28-Apr-17 @ 10:57 AM
Rosie - Your Question:
My ex partner and me separated 8 years ago he was found guilty of assault towards me. We have 2 children together and were never married. Since he left I have made all the payments to the mortgage and he has not contributed towards the mortgage or any financial support for the Children. He is now saying he is entitled to 50%of the property and that I have to sell. I cannot afford to go to court over this and am not entitled to legal aid. Is he right? Thank you

Our Response:
If your ex has not contributed to the mortgage, then it is highly unlikely he would be awarded 50% of the house, should the matter go to court. However, much also depends upon how much he put into the house originally i.e re;deposit etc. But, unless you can both agree an arrangement between you and/or you refuse to sell, then your ex will have to take the matter to court if he wants a resolution to the situation. If the matter goes to court, it is unlikely a court would force you to sell until your children are 18 and/or they have completed their full-time education.
RelationshipExpert - 25-Apr-17 @ 2:19 PM
My ex partner and me separated 8 years ago he was found guilty of assault towards me. We have 2 children together and were never married. Since he left I have made all the payments to the mortgage and he has not contributed towards the mortgage or any financial support for the Children. He is now saying he is entitled to 50%of the property and that I have to sell.I cannot afford to go to court over this and am not entitled to legal aid. Is he right?. Thank you
Rosie - 24-Apr-17 @ 11:01 PM
Will - Your Question:
I have been thinking about getting a divorce for sometime. My husband and I have 3 kids and he also has 2 from a previous relationship which stay with us 2 to 4 nights a week. My husband doesn't and has very rarely in the past, maybe only a few hundred pounds here and there, ever contributed to any of the household bills, food shopping, cars, nursery bills, clothes for the children etc. I bought our house 4 years ago using money that my parents gave me as a deposit. The house is in my name as my husband of 8 years is a few years older than me and I could only afford the mortgage payments on a 30 year mortgage. I am self employed and have not been able to take maternity leave whilst having my 3 children because I have always been the one who has had to work. My husband stayed at home for some of the time while our second child was a baby. He could of worked if he wanted to as my sister has always helped out with childcare. Our relationship has deterioted over the years, some of it is to do with me having to work long hours, I work most evenings at home and alot is the fact my husband demands money from me and smokes weed all day. He is refusing to leave the house. He says if I want a divorce I have to sell the house. He is entitled to a share if he has never paid a penny towards the mortgage? Can he force me to sell? And does he have any right to stay if I don't want him to?

Our Response:
If you are married, then regardless of whether your husband works or not your assets are considered joint. If your parents gave you the deposit etc, this could be considered a pre-marital asset, which you may be able to claim back if you were forced to sell (which is unlikely). Much depends upon who is considered the primary carer of your children. If the matter went to court, then the court will always decide upon what is in the best interests of your children and having a roof over their head is considered the most important factor. This means the 'primary carer', whether it is you or your husband, may be allowed to live in the house until the children leave full-time education. Your situation is similar to many about-face situations where one parent (usually the mother) is the primary carer and the other the wage earner. In the eyes of the court, both are doing a valuable job in the home whether it is caring for the children or going out to work. Regardless of who has paid towards the general finances in the house, both of you are as equally entitled to live in the house and can refuse to move, as the house is jointly owned. Therefore, you may wish to seek some legal advice here.
RelationshipExpert - 11-Apr-17 @ 2:11 PM
I have been thinking about getting a divorce for sometime. My husband and I have 3 kids and he also has 2 from a previous relationship which stay with us 2 to 4 nights a week. My husband doesn't and has very rarely in the past, maybe only a few hundred pounds here and there, ever contributed to any of the household bills, food shopping, cars, nursery bills, clothes for the children etc . I bought our house 4 years ago using money that my parents gave me as a deposit. The house is in my name as my husband of 8 years is a few years older than me and I could only afford the mortgage payments on a 30 year mortgage. I am self employed and have not been able to take maternity leave whilst having my 3 children because I have always been the one who has had to work. My husband stayed at home for some of the time while our second child was a baby. He could of worked if he wanted to as my sister has always helped out with childcare. Our relationship has deterioted over the years, some of it is to do with me having to work long hours, I work most evenings at home and alot is the fact my husband demands money from me and smokes weed all day. He is refusing to leave the house. He says if I want a divorce I have to sell the house. He is entitled to a share if he has never paid a penny towards the mortgage? Can he force me to sell? And does he have any right to stay if I don't want him to?
Will - 11-Apr-17 @ 1:46 AM
Lushtwinmum - Your Question:
Please can you help me ex biyfriend left 8yrs ago I live in house with our 8 yr old twins I took mortgage out when bought the house as ex didn't want worry of paying a mortgage for 25 yrs we put too deposit down from sale of land we owned he never paid mortgage or any bills all in my name as he had poor work history didn't work couldn't even get dole money as he hadn't made enough national ins contributions, anyway now got letter from his solicitor swaying he wants 50% value of house I've saved worked hard in house paid to have new bathroom kitchen out in decorated threw out and even had central heating and double glazing out in threw out hisvsolicitirs claim he did significant work in house to add aluve and then I asked him to leave which not true he lived in house 9months did no diy just drank and not worked I've suffered historical financial emotional and physical abuse from this man I can't afford fight it in court I scared To mediation with him as wears me down and last time we mediated about house he beat me up in front of the children after he also states his tax credits git paid into my bank account again not true as I was working not him so it was my children's tax credits that I got how can Ifight this without cost so stressed juscwaht keep head over children's and left house all to them he not paid maintence for them he was advised yrs ago to just walk away as it housing his 2 kids but this letter has come now out of the blue any thoughts advice be really appreciated thank you

Our Response:
It is highly unlikely a court would remove you from a house you share with your kids. A court will always decide upon what it thinks is in the best interests of your children and keeping a roof over their heads will be considered the main priority. If you can prove you have contributed to the house in terms of refurbishment and your ex hasn't, then you should have a strong case. If you have paid the mortgage since he left and even prior to him leaving, then you stand a good chance. You can see more via the CAB link here. If you cannot afford legal fees, you can self litigate. Litigants in person MUST be treated equally before the law and have equal access to justice. Judges have a duty to ensure a fair trial by giving them due assistance to achieve this. But that duty does not extend to giving legal advice. Nor can a judge be seen to favour one party over another, even if that party is a litigant in person. Therefore, it would be advisable to seek some legal advice in the first instance either professionally, or via the Citizens Advice Bureau. I don't think you have too much to worry about here regarding having your house taken away from you - but I can appreciate how tiring it must be for you. I hope this helps.
RelationshipExpert - 6-Apr-17 @ 3:03 PM
Please can you help me ex biyfriend left 8yrs ago I live in house with our 8 yr old twins i took mortgage out when bought the house as ex didn't want worry of paying a mortgage for 25 yrs we put too deposit down from sale of land we owned he never paid mortgage or any bills all in my name as he had poor work history didn't work couldn't even get dole money as he hadn't made enough national ins contributions, anyway now got letter from his solicitor swaying he wants 50% value of house I've saved worked hard in house paid to have new bathroom kitchen out in decoratedthrew out and even had central heating and double glazing out in threw out hisvsolicitirs claim he did significant work in house to add aluve and then I asked him to leave which not true he lived in house 9months did no diy just drank and not worked I've suffered historical financial emotional and physical abuse from this man I can't afford fight it in court I scared Tomediation with him as wears me down and last time we mediated about house he beat me up in front of the children after he also states his tax credits git paid into my bank account again not true as I was working not him so it was my children's tax credits that I got how can Ifight this without cost so stressed juscwaht keep head over children's and left house all to them he not paid maintence for them he was advised yrs ago to just walk away as it housing his 2 kids but this letter has come now out of the blue any thoughts advice be really appreciated thank you
Lushtwinmum - 6-Apr-17 @ 11:30 AM
Julie H - Your Question:
My comment doesn't appear to have a response? Can someone please look for me.ThanksJulie

Our Response:
Much depends upon the views of your ex husband and whether he wishes to try to stake a claim. If he does, and you think he is not entitled to a share, then either one of you would have to take the matter either to mediation, financial arbitration or court in order to try and resolve the issue. Obviously, the fact that you have paid considerably more towards the deposit and mortgage from your personal finances will be taken into consideration should the matter go to arbitration or court. However, taking it to court would cost. In situations such as this, you would hope your ex will realise there is no point to trying to pursue a claim towards something he hasn't paid towards (even though in name he financially co-owns) and therefore will consent to your selling the house and benefitting from any equity. But this is in an ideal world and as we know, life doesn't always work like that. Therefore, it is all dependent upon the goodwill or not of your ex and his level of consent.
RelationshipExpert - 3-Apr-17 @ 12:22 PM
My comment doesn't appear to have a response? Can someone please look for me. Thanks Julie
Julie H - 2-Apr-17 @ 11:52 AM
Hi, I have been separated for over three years from my husband. We have two children. Our house is jointly owned and we still have a mortgage. Since he left he has not contributedone any money to the house or our children. I have maintained everything. In a divories settlement what can I expect. I can't give him more than 20%of the equity of the house. I don't want his pension. I don't want him to have mine. Hope you can shed light on it all. Feeling worried.
VE - 31-Mar-17 @ 10:50 PM
Hi, I have been with my partner for 2years now, he has children from a previous relationship. He purchased a house with his ex partner 2 and a half years ago which they lived in as a family for 3 months before she committed adultery. His exes father gave them £100000 deposit for house worth £165,000. They own house as joint owners with no agreement put in place. My partner told his ex last year he wanted to be removed off the deeds/mortgage and move on with his life. He also said he didn't want any money from the house! After this was discussed she stopped paying her £300/month mortgage. She and her new partner have stopped working and no contact has been made since the payments have stopped. His solicitor has told him without going to court to force sale (which is very costly, he has no hope to removed because the lender will not consent to it) he doesn't want to force her to sell his children's home. Running out of choices as he cannot pay his own rent and CMS plus mortgage. Any suggestions should he go for half?
Jackie - 31-Mar-17 @ 3:34 PM
Hi, I have been with my partner for 2years now, he has children from a previous relationship. He purchased a house with his ex partner 2 and a half years ago which they lived in as a family for 3 months before she committed adultery. His exes father gave them £100000 deposit for house worth £165,000. They own house as joint owners with no agreement put in place. My partner told his ex last year he wanted to be removed off the deeds/mortgage and move on with his life. He also said he didn't want any money from the house! After this was discussed she stopped paying her £300/month mortgage. She and her new partner have stopped working and no contact has been made since the payments have stopped. His solicitor has told him without going to court to force sale (which is very costly, he has no hope to removed because the lender will not consent to it) he doesn't want to force her to sell his children's home. Running out of choices as he cannot pay his own rent and CMS plus mortgage. Any suggestions should he go for half?
Jackie - 31-Mar-17 @ 3:20 PM
fanny - Your Question:
Would I be in titled to any money if I lived in a house with my husband and four kids but the house is own by his parents we paid money into his parents account to pay for the morgage oh we lived there for 20 years.

Our Response:
Not if the house was not in yours or your husband's name. The money you pay to his parents is theoretically classed as rent.
RelationshipExpert - 31-Mar-17 @ 2:20 PM
would i be in titled to any money if i lived in a house with my husband and four kids but the house is own by his parents we paid money into his parents account to pay for the morgage oh we lived there for 20 years .
fanny - 30-Mar-17 @ 6:12 PM
Jay - Your Question:
My husband and I split up and seperated through 4 years ago. I bought her out of her share of the house+deposit as part of an agreement (no legal documentation). I couldnt take him off the mortgage at the time cos I didnt earn enough but could afford the payments and do so to this day. I can now take him off the mortgage but he is refusing as the house has now gone up in value and wants to force sale and take half the profit. Is this correct?

Our Response:
You would have to seek legal advice regarding this if there was no legal documentation regarding your agreement. If your ex wishes to pursue the matter in court, you would have to prove that you bought him out and that he would have no further claim.
RelationshipExpert - 29-Mar-17 @ 10:49 AM
My husband and i split up and seperated through 4 years ago. I bought her out of her share of the house+deposit as part of an agreement (no legal documentation). I couldnt take him off the mortgage at the time cos i didnt earn enough but could afford the payments and do so to this day. I can now take him off the mortgage but he is refusing as the house has now gone up in value and wants to force sale and take half the profit. Is this correct?
Jay - 28-Mar-17 @ 4:19 PM
Hi, Did you get a chance to look at my question- Posted By Julie H - 22-Mar-17 @ 1:35 PM? Thanks Hi,I purchased a house with my Ex-Husband in 2007 with a 6k deposit from the sale of my house. We separated in April 2010 and then divorced in June 2012. As the house at the time of the divorce was in negative equity there were no equity to divide. I have since he first left in April 2010 paid the mortgage on my own and now the house is approaching the point where there maybe equity in it. If I sold the house and there was a profit would he be entitled to anything asthere was no equity in the house when he left and he didn't pay towards the deposit? Also there is an unsecured loan attached to the mortage in our joint names which I have also paid since 2010. If I choose to settle this upon sale of the property will the payments I made come off the total balance or my half of the balance? Thanks in advance, Julie
Julie H - 24-Mar-17 @ 2:04 PM
JoeT- Your Question:
My ex girlfriend (of a few weeks) has been living in my house for 3.5 years & contributing to my mortgage & bills for 2 years (approx). She isn't council tax registered or voting registered in my property. She is still registered at her parents home locally. Is she legally entitled to any share in my property now we have split?

Our Response:
You don't say if you have any children, as this would make a difference as to whether your ex can have any claim to your property. Please see CAB link here which will tell you more.
RelationshipExpert - 24-Mar-17 @ 12:57 PM
My ex girlfriend (of a few weeks) has been living in my house for 3.5 years & contributing to my mortgage & bills for 2 years (approx). She isn't council tax registered or voting registered in my property. She is still registered at her parents home locally. Is she legally entitled to any share in my property now we have split?
JoeT - 24-Mar-17 @ 3:14 AM
Hi, I purchased a house with my Ex-Husband in 2007 with a 6k deposit from the sale of my house. We separated in April 2010 and then divorced in June 2012. As the house at the time of the divorce was in negative equity there were no equity to divide. I have since he first left in April 2010 paid the mortgage on my own and now the house is approaching the point where there maybe equity in it. If I sold the house and there was a profit would he be entitled to anything asthere was no equity in the house when he left and he didn't pay towards the deposit? Also there is an unsecured loan attached to the mortage in our joint names which I have also paid since 2010. If I choose to settle this upon sale of the property will the payments I made come off the total balance or my half of the balance? Thanks in advance, Julie
Julie H - 22-Mar-17 @ 1:35 PM
Theak - Your Question:
My ex husband and I bought a house in 1990 and put £20.000 deposit on it, we parted in 1996 and I kept the house, I was the sole owner. in 2002 my new partner we never married moved in with me I was the main earner and in 2007 we remortgaged. The property was in both names and worth £165.000 we have parted 3/9/2016 and he paid the mortgage in full until 1/2/17 it has been a interest only mortgage since 2007 and has now sold for 235.000. My ex partner wants 50% of the profit from the sale. Is he entitled to that much. I think he should get half the profit £35,000 - the original deposit of £20.000 We never had any children together, in 2006 I put into the relationship £70,000 from sale of my business.

Our Response:
If both names are on the mortgage then it's a 50/50 split. However, if you disagree then you may wish to see a financial arbitrator who will make a decision based upon both of your financial input. Legal advice may also help here.
RelationshipExpert - 21-Mar-17 @ 12:30 PM
My ex husband and i bought a house in 1990 and put £20.000 deposit on it, we parted in 1996 and i kept the house, i was the sole owner. in 2002 my new partner we never married moved in with me i was the main earnerand in 2007 we remortgaged. The property was in both names and worth £165.000 we have parted 3/9/2016 and he paid the mortgage in full until 1/2/17 it has been a interest only mortgage since 2007 and has now sold for 235.000. My ex partner wants 50% of the profit from the sale. Is he entitled to that much. I think he should get half the profit £35,000 - the original deposit of £20.000 We never had any children together, in 2006 i put into the relationship £70,000 from sale of my business.
Theak - 20-Mar-17 @ 5:47 PM
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