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?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.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
Thanks in anticipation.
We split up and now he’s trying to claim half my house!
Can he do this?
He became very ill in April this year died in August, he never made a will, his son registered his death went to probate only to be told I was still on the deeds and have inherited his house. I phoned the company dealing with my divorce they said they didn’t send the financial agreement to court as they sent it back to me electronically to amend a typo and I failed to press the submit button so they never got it back or thought to contact me, I never even knew it had been sent back as I never got an email or phone call and had no reason to contact them, I assumed they were dealing with it and due to covid and lockdown i presumed there would be a delay.
Anyway what do I do now, I don’t want the house,we were joint proprietors which is why it’s now mine, his kids get nothing, the land registery won’t amend this in retrospect as he has died even though I can show them the intention was there for me to give him the whole property but due to circumstances this didn’t happen, they say gift it to his children but then there are capital gains tax implications where as if they inherited it there would be no tax to pay,they want to live in it, I could sell it and give them the money but I will be taxed as I own another house and they would pay capital gains I just don’t know what to do,
Two weeks before our court date my partner pulled out of the case and had no longer any interest in my property... I was very lucky as it could of been a different outcome ... good luck to anyone going through this .. I truly feel so sorry for you
During our time I built an extension to the house which I paid for myself, but he did fit 2 mechanical locks on the back door and 1 in the garden room. He also took the responsibility of paying for the broadband as part of his mobile phone deal so one of the bills is in his name.
He has been in Guyana studying since April 8th and plans to return end August. If I let him back will he be seen as having rights to my house?
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.
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
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