'Common Law' Property Entitlement?

[asgard]

My sister in law lived with her partner for circa ten years before moving out as the relationship had broken down and she felt that the environment was toxic for their 10 year old son. Father has no real interest in the child but does pay his CSA type obligations.

She moved into a flat 1 year ago and all her money goes toward the rent and trying to give her son the best education/upbringing she can (bright kid and just got into Grammar school).

When they she moved out, they verbally agreed that any future profit on the sale of the house (in his name, his mortgage) would go into trust for their son's education.

He has now found someone else, is getting married and selling the house etc etc. He popped round to see her today and somewhat viciously said all bets were of and he needed the money, all in front of his son!

My assumption is that there are no legal rules around 'common law' status and she is entitled to nothing. That being said I asked to talked to the CAB as a first point of call. Would be interested if anyone has any more positive news with respect to this issue.

[surveyor]

A lot rests I think as to whether she put any money into the house in the form of deposit or part of the mortgage payment etc.

[Rovinghawk]

asgard said:

they verbally agreed

Lack of proof is a big issue.

As said, it depends what she contributed (not necessarily money, could be time, etc)

[asgard]

I believe she made no contributions to the mortgage itself as initially as raising their child. Later she started working but money went to pay household bills. She is going to the CAB today to get the official lay of the land. Thanks for comments

[KrazyIvan]

Verbal agreement will mean nothing.

She will need to prove she contributed to the financial running of the house. Can she show she paid any of the bills?

[H20MRV]

He would have been smarter to have kept quiet about the sale and acquisition of his new home with his soon to be wife, Then your sister would have been in a even weaker position, As said unless she can produce proof that she contributed to the mortgage the best she can hope for is getting what she gets from him now until he is 16 or whatever it is.

Edited by H20MRV on Monday 27th April 09:24

[9mm]

Honestly, just tell her to speak to a divorce/family law lawyer. There are so many variables and without all of the facts all you're going to get on here is speculation. There won't be any charge for the first 30 minutes or hour so there's absolutely no reason not to seek specialist advise. Bypass the CAB and go and see an expert.

[Vaud]

9mm said:

Honestly, just tell her to speak to a divorce lawyer. There are so many variables and without all of the facts all you're going to get on here is speculation. There won't be any charge for the first 30 minutes or hour so there's absolutely no reason not to seek specialist advise. Bypass the CAB and go and see an expert.

^^^ this. Top many factors to give "absolutes" and posters commenting with an authority, though my hunch is they are not legal experts.

The only certainty is that it may not be straight forward, and you only have one side of a story.

IANAL, get a lawyer.