Cohabitation regarding unmarried parents
Discussion
My cousin needed some advice that i could not offer.
Parents divorced 30 years ago.
One remarried and subsequently divorced.
Parents got back together and have cohabited for last 20 years but never remarried.
Father never contributed to purchase of property. Has paid living costs throughout but never a mortgage.
All assets are in sole names.
Should the non contributing partner outlive the one who bought the house, what happens if they become infirm and end up in a home?
The contributing partner's estate goes to cousin when they die.
The concern is that the house could be used to fund care for remaining non contributing parent where there is currently and has never been, any relationship there with said cousin. We don't believe the non contributor could prove entitlement to property but want to be sure.
I hope that makes sense.
Parents divorced 30 years ago.
One remarried and subsequently divorced.
Parents got back together and have cohabited for last 20 years but never remarried.
Father never contributed to purchase of property. Has paid living costs throughout but never a mortgage.
All assets are in sole names.
Should the non contributing partner outlive the one who bought the house, what happens if they become infirm and end up in a home?
The contributing partner's estate goes to cousin when they die.
The concern is that the house could be used to fund care for remaining non contributing parent where there is currently and has never been, any relationship there with said cousin. We don't believe the non contributor could prove entitlement to property but want to be sure.
I hope that makes sense.
Pferdestarke said:
One remarried and subsequently divorced.
Which one? Pferdestarke said:
Parents got back together and have cohabited for last 20 years but never remarried.
Father never contributed to purchase of property. Has paid living costs throughout but never a mortgage.
I assume you mean for the later 20 year period. Are we talking about a different property from the original marital home? Father never contributed to purchase of property. Has paid living costs throughout but never a mortgage.
Pferdestarke said:
All assets are in sole names.
Should the non contributing partner outlive the one who bought the house, what happens if they become infirm and end up in a home?
The contributing partner's estate goes to cousin when they die.
In which case it looks to me like the father has no rights to the house. Whether he would be allowed to remain would depend on the court, assuming he applied for provision from his ex-wife's estate. He might very well get it, especially given the decision in the recent Williams case.Should the non contributing partner outlive the one who bought the house, what happens if they become infirm and end up in a home?
The contributing partner's estate goes to cousin when they die.
Pferdestarke said:
The concern is that the house could be used to fund care for remaining non contributing parent where there is currently and has never been, any relationship there with said cousin. We don't believe the non contributor could prove entitlement to property but want to be sure.
I hope that makes sense.
This should all come to a head when the ex-wife dies. The father's state of health at that time will be a very important factor. 30 minutes with a solicitor now would be a good idea (especially if you can find one which offers it f.o.c). Go properly prepared so that the maximum benefit is obtained. That half hour can expire amazingly fast.I hope that makes sense.
The father (non contributor) remarried after initial divorce and then divorced a second time which is when he rekindled with first ex wife the mother of my cousin.
I do mean for the later 20 year period. The house was bought and was mortgage free during the early years of them getting back together. It was a different property from the original marital dwelling which was split through the courts at time of divorce.
The father's state of health is already poor and statistically these concerns should never become a reality but I want to assist my cousin with as much peace of mind as possible.
Thanks for your help.
I do mean for the later 20 year period. The house was bought and was mortgage free during the early years of them getting back together. It was a different property from the original marital dwelling which was split through the courts at time of divorce.
The father's state of health is already poor and statistically these concerns should never become a reality but I want to assist my cousin with as much peace of mind as possible.
Thanks for your help.
Pferdestarke said:
The father (non contributor) remarried after initial divorce and then divorced a second time which is when he rekindled with first ex wife the mother of my cousin.
I do mean for the later 20 year period. The house was bought and was mortgage free during the early years of them getting back together. It was a different property from the original marital dwelling which was split through the courts at time of divorce.
The father's state of health is already poor and statistically these concerns should never become a reality but I want to assist my cousin with as much peace of mind as possible.
Thanks for your help.
I take it the cousin wants the house rather than it going to the father on death of the mother, I do mean for the later 20 year period. The house was bought and was mortgage free during the early years of them getting back together. It was a different property from the original marital dwelling which was split through the courts at time of divorce.
The father's state of health is already poor and statistically these concerns should never become a reality but I want to assist my cousin with as much peace of mind as possible.
Thanks for your help.
do you know what's in any will ?, I would suggest talking beforehand to ensure the mothers wishes are clear and thonoured (even if it's unpalatable)
Mother's will and wishes are for her son to be sole beneficiary. She accepts that a mistake was made in rekindling with ex husband as he's been nothing but hassle with drinking and gambling since.
In short, the guy is a total
. He has never taken responsibility for his family and has put alcohol addiction before anything. He drinks daily at lunch and evening.
Anyway, it sounds like he wouldn't have a leg to stand on given that the property was purchased separately to the old marital home and he didn't pay towards a mortgage.
In short, the guy is a total
. He has never taken responsibility for his family and has put alcohol addiction before anything. He drinks daily at lunch and evening. Anyway, it sounds like he wouldn't have a leg to stand on given that the property was purchased separately to the old marital home and he didn't pay towards a mortgage.
Pferdestarke said:
Mother's will and wishes are for her son to be sole beneficiary. She accepts that a mistake was made in rekindling with ex husband as he's been nothing but hassle with drinking and gambling since.
In short, the guy is a total. He has never taken responsibility for his family and has put alcohol addiction before anything. He drinks daily at lunch and evening.
Yet somehow despite all of this they've remained together, cohabiting for the past 20 years? Is it inconceivable that his presence there contributed something towards the mother's wellbeing?In short, the guy is a total
. He has never taken responsibility for his family and has put alcohol addiction before anything. He drinks daily at lunch and evening. Even if what you say is true there appears to have been a mutually beneficial arrangement in rekindling the relationship, no?
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff