Co habiting Rights

Somerset Farmer · Jan 21, 2018

A friend has been together with his girlfriend for the last 25 yrs and they remain unmarried and both do not have a will. The house (their main asset) is in her name but he has paid for all the mortgage and all home improvments. Does he have any legal rights to how the house is dealt with after her death or if they split up or if she goes in care.His girlfriend has a family from a previous marrige (son and many grandchildren)

renewablejohn · Jan 21, 2018

No legal rights whatsoever unless he can convince a Judge otherwise.

multi power · Jan 21, 2018

renewablejohn said:
No legal rights whatsoever unless he can convince a Judge otherwise.

Is that if they split up or if one dies ?
I thought he would be intitled to half if they split up? But definitely nothing if she dies

renewablejohn · Jan 21, 2018

multi power said:
Is that if they split up or if one dies ?
I thought he would be intitled to half if they split up? But definitely nothing if she dies

Both. Going through it at the moment with my daughter and its a minefield at the whim of the Judge on the day.

Ruth@OrattoLaw · Jan 22, 2018

The easiest solution would be for them both to make Wills, with the gf naming her partner as the beneficiary of the house. If the gf dies without having made a will, then her estate will be distributed in line with the rules of intestacy and as she has children, they would be first in line to inherit. However, he may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Alternatively, she could add his name to the deeds meaning that he would own half the house.

There are lots of people in similar situations who are sadly unaware of the dire consequences of not making a will. It can cost just a few pounds to have a legally binding will drawn up by a solicitor, and therefore protecting unmarried partners.

But currently, unless her children agree, he would have no legal say in how the house is dealt with if she dies or goes into residential care.

Lazy Sod · Jan 22, 2018

If they are sufficiently committed to each other, why wouldn't they be after 25 years, they should get married.

Kidds · Jan 22, 2018

Lazy Sod said:
If they are sufficiently committed to each other, why wouldn't they be after 25 years, they should get married.

Me and my missus have been together for longer than that but no desire to get married. Why ruin a good thing.

Somerset Farmer · Jan 22, 2018

As I thought,he now has to find how much his gf cares for him!!
Thankyou for your help

Pennine Ploughing · Jan 22, 2018

are they "tenants in common" if so then its the same as being married

marshbarn · Jan 22, 2018

Somerset Farmer said:
A friend has been together with his girlfriend for the last 25 yrs and they remain unmarried and both do not have a will. The house (their main asset) is in her name but he has paid for all the mortgage and all home improvments. Does he have any legal rights to how the house is dealt with after her death or if they split up or if she goes in care.His girlfriend has a family from a previous marrige (son and many grandchildren)

If he has proof of making mortgage payments then i would say he has good grounds for a claim on the house, but it would have to go in front of a judge if her children didnt agree.

ollie989898 · Jan 23, 2018

Write a will!!!!

smj1 · Jan 23, 2018

Her estate would go to her children unless a will says otherwise. Could challenge legally but it's a minefield and an expensive one at that which will leave a sour taste for everyone.

Still Farming · Jan 23, 2018

His or her family take over ?

franklin · Jan 23, 2018

A will wont change the current situation ie if *something* happens that isnt death. Legal title at the land registry presumes, but is not definitive proof of a beneficial interest, however done through the courts the OP's friend would have to establish his / her claim through the courts I think under the ToLaAoTA . By far the cheapest way would be to get it sorted now, presuming they are on amicable terms. However, I am not aware of the accountancy rules on this sort of thing ie capital gains. While there are very, very few reasons for the non-religious to get married anymore, the big perk is that transfers of capital between spouses and civil partners fall outside any CGT.

Best just nip in to the solicitors and have the situation put right, and get wills *and* LPAs done at the same time....they might even do you a package discount!

multi power · Jan 23, 2018

ollie989898 said:
Write a will!!!!

Or get married

honeyend · Jan 23, 2018

I had a friend go through this and he will have no rights and it very difficult to prove how much you have paid towards a property and that you have a financial interest.. If she want to protect her children inheritance, she gives him a lifetime interest in the house, when he dies or moves out it goes to her children.
My daughter has just moved in with her boyfriend, he owns his own house and she will pay rent, they have discussed it and its very clear that its his property. I think problems occur when relationships evolve and you become a financial unit without anything formally being set out.
I am a tenant in common, so my share of the property is left to my children.

Nearly · Feb 2, 2018

One local single farmer issues each subsequent girlfriend with a rent book when she moves in.

franklin · Feb 2, 2018

Cash or in-kind?

Pennine Ploughing · Feb 2, 2018

Nearly said:
One local single farmer issues each subsequent girlfriend with a rent book when she moves in.

each!!! How many has he

Exfarmer · Feb 4, 2018

if she feels that she would like her house to pass to her children , it must be only fair to give the poor chap a lifetime interest. Unless the children are real s*** they would do it anyway, but you certainly cannot be sure of this.
If he has paid all the mortgage, I expect a judge would give him certain rights but they may have to sell the house to pay the solicitors cost of fighting the case.

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