girlfriend wants half!
Discussion
PostHeads123 said:
TCCalvin said:
From The Law Society:
Home ownership
If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:
you have contributed to the deposit for the house or the mortgage payments; or
you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.
If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.
Other option is when you remorg when they ask you if anyone over 18 yrs of ages will also live there and not on the morg tell them yes and give them the name, this is what my bank did they wrote to her asking her to sign a form agreeing she no interest in the property, her signing it was a condition of the mortgage offer, doing it this way comes across better as its then it looks like the bank initiating this rather than you, also she is clearly stating what her relationship is to the property up front. Everyone going on about a cohab agreement but see there reaction when you put one in front of them before they move in and see how hard to get them to sign it, I'm talking from experience here, best approach for me was to make it a bank issue and nothing 'personal' Home ownership
If you move in with someone and the house is only in their name, usually you have no right to the proceeds from selling the house. This applies unless you can prove:
you have contributed to the deposit for the house or the mortgage payments; or
you have made a financial commitment (for example, paying for major work on the house) because it was agreed you would own a share of the house.
If the house is not in your name you may have no right to continue to live there if your partner asks you to leave. Also, if the house is not in both your names, you have no right to inherit the house if your partner dies unless they have put this in their will. If they do not leave a will, you may need to make a claim against your partner's estate through the court. You will only be able to do this if you have been living together for two years or more, or you were being supported financially by your partner.
Your solicitor might recommend that the house is transferred from your partner's name into your joint names, either as 'joint tenants' or 'tenants in common'. If you own as joint tenants with your partner, you may be entitled to a share of the money if you sell the property. And if one of you dies, the other automatically inherits the property, regardless of what is set out in your wills.
However, if you own as tenants in common, you have a right to your own share of the property but no more. By owning as tenants in common you can formally agree exactly what share of the property you each own by getting the solicitor to draw up a 'deed of trust'. This can prevent disagreements later. If either of you wants to leave your share of the property to the other when you die, this needs to be set out in a will.
Edited by PostHeads123 on Friday 25th August 12:01
Edited by PostHeads123 on Friday 25th August 12:02
But then i married her. So guessing that is now out the window haha
RacerMDR said:
such an interesting thread..........
the three 'Fs' have NEVER been more true than they are today.
My take away is - never ever ever get married or engaged
plus i'm now off to get the snip
You have two choices in life, married and bored or to be single and lonely.the three 'Fs' have NEVER been more true than they are today.
My take away is - never ever ever get married or engaged
plus i'm now off to get the snip
Chris Rock
Sorry to hijack this thread but it's become quite pertinent to me as my relationship with my fiancé has broken down since I found out she's been shagging a guy she works with! We have been cohabiting for two years but the flat we live in is in my name, owned by myself for the last seven years and she hasn't paid any contributions to any bills. Does she have any claim to the flat? I presumed (and still hoped) we would be treated as cohabiting (since we are engaged and not married) and she'd be entitled to nothing?
Cheers for any advice
Cheers for any advice
Alfa1988 said:
Sorry to hijack this thread but it's become quite pertinent to me as my relationship with my fiancé has broken down since I found out she's been shagging a guy she works with! We have been cohabiting for two years but the flat we live in is in my name, owned by myself for the last seven years and she hasn't paid any contributions to any bills. Does she have any claim to the flat? I presumed (and still hoped) we would be treated as cohabiting (since we are engaged and not married) and she'd be entitled to nothing?
Cheers for any advice
It will depend on a whole host of variables - it can be really quite complicated as this thread illustrates.Cheers for any advice
Alfa1988 said:
Sorry to hijack this thread but it's become quite pertinent to me as my relationship with my fiancé has broken down since I found out she's been shagging a guy she works with! We have been cohabiting for two years but the flat we live in is in my name, owned by myself for the last seven years and she hasn't paid any contributions to any bills. Does she have any claim to the flat? I presumed (and still hoped) we would be treated as cohabiting (since we are engaged and not married) and she'd be entitled to nothing?
Cheers for any advice
On the grounds that she hasn't contributed in any way, then no. On the grounds that you're engaged, then yes, apparently she does:Cheers for any advice
JulianPH said:
Cotty said:
JulianPH said:
.
If you were engaged however, she would have the same rights on the property as if you were married - not many people know this.
How does that work there is no contract, I assume the proposal was verbal. If you and your girlfriend test drive a car its not yours until you sign the paperworkIf you were engaged however, she would have the same rights on the property as if you were married - not many people know this.
Therefore the other party can fully expect marriage as a result and if this is withdrawn can sue for property on the same basis as if the marriage had actually taken place.
If it is she who calls off the proposal you are in a very grey area. She would need to prove unreasonable behaviour (and the burden of proof is on her).
A proposal is not a test drive!
Thanks for the advice I will be speaking to a solicitor about it of course. There seems to be little information about the engagement angle here. However from what I gather it only applies to property where there is a "beneficial interest". I understand that is somebody has contributed financially there may be but could she still claim a "beneficial interest" never having paid a penny towards anything related to the flat?
AndStilliRise said:
RacerMDR said:
such an interesting thread..........
the three 'Fs' have NEVER been more true than they are today.
My take away is - never ever ever get married or engaged
plus i'm now off to get the snip
You have two choices in life, married and bored or to be single and lonely.the three 'Fs' have NEVER been more true than they are today.
My take away is - never ever ever get married or engaged
plus i'm now off to get the snip
Chris Rock
Chris Rock does nail life experiences
.Alfa1988 said:
Thanks for the advice I will be speaking to a solicitor about it of course. There seems to be little information about the engagement angle here. However from what I gather it only applies to property where there is a "beneficial interest". I understand that is somebody has contributed financially there may be but could she still claim a "beneficial interest" never having paid a penny towards anything related to the flat?
What proof do you have of the affair? Keep it, it can be used (I'm guessing) against any angle that being engaged gives her a claim. IANAL.
Alfa1988 said:
Thanks for the advice I will be speaking to a solicitor about it of course. There seems to be little information about the engagement angle here. However from what I gather it only applies to property where there is a "beneficial interest". I understand that is somebody has contributed financially there may be but could she still claim a "beneficial interest" never having paid a penny towards anything related to the flat?
From page 5 of this thread:JulianPH said:
Perhaps you should have gone on to section 2 of the act...
Link here:
http://www.legislation.gov.uk/ukpga/1970/33
Summary below:
2 Property of engaged couples.
(1)Where an agreement to marry is terminated, any rule of law relating to the rights of husbands and wives in relation to property in which either or both has or have a beneficial interest, including any such rule as explained by section 37 of the M1Matrimonial Proceedings and Property Act 1970, shall apply, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a husband or wife has a beneficial interest.
(2)Where an agreement to marry is terminated, section 17 of the M2Married Women’s Property Act 1882 and section 7 of the M3Matrimonial Causes (Property and Maintenance) Act 1958 (which sections confer power on a judge of the High Court or [F1the family court] to settle disputes between husband and wife about property) shall apply, as if the parties were married, to any dispute between, or claim by, one of them in relation to property in which either or both had a beneficial interest while the agreement was in force; but an application made by virtue of this section to the judge under the said section 17, as originally enacted or as extended by the said section 7, shall be made within three years of the termination of the agreement.
I wouldn't go legal unless/until she does. For now, just tell her that you don't owe her diddly as she never contributed to anything.Link here:
http://www.legislation.gov.uk/ukpga/1970/33
Summary below:
2 Property of engaged couples.
(1)Where an agreement to marry is terminated, any rule of law relating to the rights of husbands and wives in relation to property in which either or both has or have a beneficial interest, including any such rule as explained by section 37 of the M1Matrimonial Proceedings and Property Act 1970, shall apply, in relation to any property in which either or both of the parties to the agreement had a beneficial interest while the agreement was in force, as it applies in relation to property in which a husband or wife has a beneficial interest.
(2)Where an agreement to marry is terminated, section 17 of the M2Married Women’s Property Act 1882 and section 7 of the M3Matrimonial Causes (Property and Maintenance) Act 1958 (which sections confer power on a judge of the High Court or [F1the family court] to settle disputes between husband and wife about property) shall apply, as if the parties were married, to any dispute between, or claim by, one of them in relation to property in which either or both had a beneficial interest while the agreement was in force; but an application made by virtue of this section to the judge under the said section 17, as originally enacted or as extended by the said section 7, shall be made within three years of the termination of the agreement.
The law is radically different to that, Down Under. Cohabiting over there for 24 months can create a partnership in law. No dog in this fight, I'm screwed regardless. Married for 12 years and 2 kids. However, when we met 15 years ago I had plenty of assets and she had none apart from debt. The idea of a contract of sorts being signed, notwithstanding its legality was not even on the table. She didn't see the need and when you're loved you up agree with her 
Alfa1988 said:
From reading around it seems this whole subject can be an absolute minefield. If I do ever get married I'm asking for a prenup. I know they're not legally binding but it's better than nothing if the s
t hits the fan.
If you are so bothered about your stuff don't get married. You are entering into a partnership.t hits the fan. If your stuff is your key motivator - don't put it at risk.
tecplumbing said:
bit of back ground:-
me and the now ex have been together 7 years, lived with at hers for 5 years before i brought a house in may and then she moved in. was all my deposit, mortgage is in my name, shes just been paying the electric and virgin bill.
3 months later and she tells me shes leaving, trying to be civil but shes turned nasty and telling me shes entitled to half.
where do i stand?
That iis good of her to pay half of the credit card debt me and the now ex have been together 7 years, lived with at hers for 5 years before i brought a house in may and then she moved in. was all my deposit, mortgage is in my name, shes just been paying the electric and virgin bill.
3 months later and she tells me shes leaving, trying to be civil but shes turned nasty and telling me shes entitled to half.
where do i stand?
Alfa1988 said:
From reading around it seems this whole subject can be an absolute minefield. If I do ever get married I'm asking for a prenup. I know they're not legally binding but it's better than nothing if the st hits the fan.
Ensure you follow it up with an updated post nup within the first year (so you can't be accused of forcing her to sign in order to marry) and that you update this every few years according to any changes.t hits the fan. It is vital that she seeks legal advice for it to have a chance of it being upheld in court. This means it has to be fair (i.e. everything we bring separately to the marriage is ours separately in the event of a divorce, anything we bring jointly after the marriage is jointly owned, etc.).
JulianPH said:
Alfa1988 said:
From reading around it seems this whole subject can be an absolute minefield. If I do ever get married I'm asking for a prenup. I know they're not legally binding but it's better than nothing if the st hits the fan.
Ensure you follow it up with an updated post nup within the first year (so you can't be accused of forcing her to sign in order to marry) and that you update this every few years according to any changes.t hits the fan. It is vital that she seeks legal advice for it to have a chance of it being upheld in court. This means it has to be fair (i.e. everything we bring separately to the marriage is ours separately in the event of a divorce, anything we bring jointly after the marriage is jointly owned, etc.).
Alfa1988 said:
That's good to know. I was aware it's essential for the other party to have legal advice but not about updating it. Going back to my original question Julian can she claim a "beneficial interest" if she's never paid a penny towards the house or bills? I realise it's complicated and she'd have to go to court to go down this route.
Beyond the occasional bunk up, how is she contributing to the relationship?Gassing Station | Finance | Top of Page | What's New | My Stuff