My wife and I have recently split up due to her committing adultery. She has since moved another man into what was our marital house. His name does not appear on any official bill or document or deed.
I am concerned that he may acquire some sort of rights to the property over time simply by his living at the address.
I pay the mortgage, as I have always done. The house is in my wife's and my name only.
When a relationship breaks down not only are there the overwhelming emotions to deal with but also the practical and financial implications. Having moved out of the marital home because of your wife’s adultery it must be difficult to face her decision to move another man in. However, rest assured that this new man can have no claim over your property or any other joint possessions or investments that you have with your wife.
When an unmarried couple live together, whatever the circumstances, they do not have the same rights as a married couple. Many people believe in the idea of ‘common law’ relationships but cohabiting couples have no legal standing. If your wife and her new partner split up then he cannot make any claims on the property, even if he has been contributing towards the mortgage.
The only way that he would have any claim would be if your partner put his name on the deeds, but if this is jointly held with you then she would be unable to do so without your consent. The man may be living in your marital home, but that is all he can do with the property. He will be unable to claim any share of it.
A couple that are living together may decide to draw up a cohabitation agreement to protect or divide their assets if they split. However, these are still not recognised as legally binding and because the property is jointly owned by you, it would not be valid anyway. So, basically there is no way, unless your ex and her new partner decide to marry, that he will be able to lay any claim to your house.
As difficult as it may seem at the moment, the best thing you can do is try to talk to your ex-wife. Raise your concerns with her, explain what the law is and try to come to an agreement. It may be best for you both to consider selling the marital home so you can both start afresh. These are difficult and emotional decisions to make, but try and do them civilly and sensibly but also consider seeking legal advice.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Do they have rights to enter the property during the Sales process? To have any say on what the property has to be sold for.
Thanks
So I bought a house seven months ago solely. I let my girlfriend move in with her two children. She has now split with me, reason being not happy. She will not leave. What can I do. She has no connection to the property or bills and just simply my girlfriend. The two children are hers with other people.
My partner bought a house Nov 2013 . His now ex moved in with him however she never paid towards the deposit and her name was not on the mortgage or the deeds. For 2 years she contributed £500 towards the bills etc but at the time the mortgage was £1200 a month which he was paying himself. She stopped working and contributing after the first 2 years and the relationship broke down in Sep 2016 due to her being mentally and physically abusive towards him but he allowed her to continue living there for free as she had no money, no job and nowhere to go.
We met last year and things are going well so in April he told her to leave, she had no money so he gave her £6000 thinking that would be an end to it. She is now back for more money but he has tod her there isn't any. She has told him it's her house too and he had no right to kick her out and she wants half the house which he's not agreeing to. I think deep down she knows that's not true.
She has got a job 50 miles from where she is currently living, she says the commute is too much every day so she has told him if he lets her move back in the house on the days that he is at work [he doesn't want to see or speak to her] and use the house as a base for work that after a year she won't make a claim on his house which he is scared of loosing. She is planning to have the paperwork drawn up by a solicitor. I'm very unhappy about her living back in the house at all. Can she do this and is she even entitled to anything from the house anyway? Thanks
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