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?
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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