Getting a house back from an ex?
Discussion
Ok so im asking this on behalf of my work pal. I don't think i will have all the info, but i will tell what i know. So Jeff and his new girlfriend{never married} are together 4 months and she falls pregnant. Soon after his great uncle dies leaving him a house. They move into it. 12 months later the relationship ends. Jeff says she can live in house as she has his child. he gets a flat and they live there life's. Fast forward 18 years, the son is now in the army and overseas. Jeff drops the bomb shell to ex he now wants to sell the house. She responds its her home and he is not selling it. Now Jeff tells me the all the paper work is in his name as is the ownership to the house, i presume he is talking about the deeds. But she is adamant he cant sell it and he gifted her the house all those years ago. Now he flatly denies there was ever a conversion where he even made out she was ever going to become the owner of the house. He says it was always made clear she would have that home while she was looking after his child. Now the child is 18 and in the army and overseas he want the money that's in the house for him. He offered to sell it to her and a 20k discount of the market value but that was rejected. Now if the deeds are in his name and lots of paperwork to show its always has been his house. Can she claim ownership of it and stop him from selling it?
BigsimonY said:
Ok so im asking this on behalf of my work pal. I don't think i will have all the info, but i will tell what i know. So Jeff and his new girlfriend{never married} are together 4 months and she falls pregnant. Soon after his great uncle dies leaving him a house. They move into it. 12 months later the relationship ends. Jeff says she can live in house as she has his child. he gets a flat and they live there life's. Fast forward 18 years, the son is now in the army and overseas. Jeff drops the bomb shell to ex he now wants to sell the house. She responds its her home and he is not selling it. Now Jeff tells me the all the paper work is in his name as is the ownership to the house, i presume he is talking about the deeds. But she is adamant he cant sell it and he gifted her the house all those years ago. Now he flatly denies there was ever a conversion where he even made out she was ever going to become the owner of the house. He says it was always made clear she would have that home while she was looking after his child. Now the child is 18 and in the army and overseas he want the money that's in the house for him. He offered to sell it to her and a 20k discount of the market value but that was rejected. Now if the deeds are in his name and lots of paperwork to show its always has been his house. Can she claim ownership of it and stop him from selling it?
Two words (three if its not shortened).......You're F*cked BigsimonY said:
The law needs to have long hard clock at its self. This seems very unfair...
That all depends on what time it is. 
Siscar said:
Well it proves the need to document what you do when you do it.
Oh yes. Amazing how many people fail to do so in such matters as this and live to regret it.Edited by Red Devil on Saturday 3rd May 12:22
On the bright side, half of the house is worth a damn sight more than the whole house was worth two decades ago (glass half full and all that ).
Sorry for the OP, and
the law can be very unfair/harsh at times 
. Doing stuff on an 'unwritten basis' can lead to problems, I ended up homeless once due to a similar issue.
Having said this, whose name(s) is(are) on the property (if this sentence is in the proper terms?) at the Land Registry as the tenant(s)?
).Sorry for the OP, and
the law can be very unfair/harsh at times . Doing stuff on an 'unwritten basis' can lead to problems, I ended up homeless once due to a similar issue.Having said this, whose name(s) is(are) on the property (if this sentence is in the proper terms?) at the Land Registry as the tenant(s)?
You need to sit down with a lawyer and go through this in great detail.
I expect she will have an equitable and beneficial interest in the property - the amount of it however could vary greatly depending on the details. Thus you need advice from someone who is up to date on their property law.
I expect she will have an equitable and beneficial interest in the property - the amount of it however could vary greatly depending on the details. Thus you need advice from someone who is up to date on their property law.
aw51 121565 said:
On the bright side, half of the house is worth a damn sight more than the whole house was worth two decades ago (glass half full and all that ).
Sorry for the OP, and the law can be very unfair/harsh at times . Doing stuff on an 'unwritten basis' can lead to problems, I ended up homeless once due to a similar issue.
Having said this, whose name(s) is(are) on the property (if this sentence is in the proper terms?) at the Land Registry as the tenant(s)?
as far as i know , the land registry would not record the tenants details ).Sorry for the OP, and
the law can be very unfair/harsh at times . Doing stuff on an 'unwritten basis' can lead to problems, I ended up homeless once due to a similar issue.Having said this, whose name(s) is(are) on the property (if this sentence is in the proper terms?) at the Land Registry as the tenant(s)?
The house is in his name and they were never married, so she has no entitlement. She was entitled to money for the child but you could argue that she got that in free tent
When there is no marriage the other partner is entitled to jack. Still needs an actual lawyer to get it sorted though.
When there is no marriage the other partner is entitled to jack. Still needs an actual lawyer to get it sorted though.
supersport said:
The house is in his name and they were never married, so she has no entitlement. She was entitled to money for the child but you could argue that she got that in free tent
When there is no marriage the other partner is entitled to jack. Still needs an actual lawyer to get it sorted though.
You are wrong.When there is no marriage the other partner is entitled to jack. Still needs an actual lawyer to get it sorted though.
Land and property trust law is complicated.
They shared the house as a family home.
They had a child while residing together in the home.
The owner moved out leaving the mother and child in occupation.
The mother has paid for 100% of the maintenance of the house for 18 years.
There is no formal rental agreement with or rent paid to the owner.
I can assure you that she is entitled to something if she decides to fight for it.
PurpleMoonlight said:
supersport said:
The house is in his name and they were never married, so she has no entitlement. She was entitled to money for the child but you could argue that she got that in free tent
When there is no marriage the other partner is entitled to jack. Still needs an actual lawyer to get it sorted though.
You are wrong.When there is no marriage the other partner is entitled to jack. Still needs an actual lawyer to get it sorted though.
Land and property trust law is complicated.
They shared the house as a family home.
They had a child while residing together in the home.
The owner moved out leaving the mother and child in occupation.
The mother has paid for 100% of the maintenance of the house for 18 years.
There is no formal rental agreement with or rent paid to the owner.
I can assure you that she is entitled to something if she decides to fight for it.
98elise said:
Agreed. In principal she owns nothing as they are unmarried, but the fact she has maintained it for 2 decades means she has some ownership. In effect she has been contributing to the cost of the house.
It's not mentioned anywhere that she has been contributing to the maintenance?Rollcage said:
98elise said:
Agreed. In principal she owns nothing as they are unmarried, but the fact she has maintained it for 2 decades means she has some ownership. In effect she has been contributing to the cost of the house.
It's not mentioned anywhere that she has been contributing to the maintenance?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff