Legal Question in Family Law in United Kingdom
living with partner , mortgage in her name,do i have rights?
I have been living with my fiancee in our current house for 3 years,(we have been together for 6 years), the mortgage is in her name(as i was self employed at the time of application),we share all income and contribute equally. We have had a major arguement, because she has changed her mind about altering the deeds of the house and mortgage to include my name as a joint owner, she states that it is for her own personal security incase we ever was to go our seperate ways, then her and her daughter would be financially secure.
This has caused huge rows and we are on the verge of seperating. As i have been living with her in this house for 3 years and have contributed fully to its upkeep and running,(bills,decorating,food etc), what rights do i have?? whether it be financial gain if the house was sold, or compensation if we was to end our relationship????
1 Answer from Attorneys
Re: living with partner , mortgage in her name,do i have rights?
I am afraid that you are not in the a very happy position. If this property is vested in the sole name of your partner, the legal position is simply that it belongs to her. The position between cohabitees is very different to that between married couples, and on a breakdown of the relationship the court does not have power to vary interests in a property. The fact that you will have contributed towards the purchase and upkeep of the house is largely irrelevant.
This position which can be most unfair can be dealt with by way of a cohabitation agreement or declaration of trust, but it would appear that unfortunately these were not entered into when you purchased the house. It may well now be difficult to show that the intention at that time was for you to have an interest.
I am sorry that I cannot be more optimistic but if you require further help and advice, please get in touch.
Andrew Dutton
www.legal-zone.co.uk
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