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History: Home UK Divorce Forum
Topic:
Partners ex girlfriends rights to his property? (8 Posts)
Started By:
Date:
25 August, 2017 03:48PM
Partners ex girlfriends rights to his property?
JoanKing - 25 August, 2017 03:48PM
I have been with my partner for 8 years his ex girlfriend lives in his house (in his name) with his 2 children who are now over 19 and no longer dependants, we now wish to start legal proceedings to have her removed from the house as she will not go willingly. My partner has been paying the mortgage for the last 8 years so his children had a home. When he left he explained to her that he could not pay both child support and the mortgage he continued to pay the mortgage and she has never filed for child support so we interpret this as her agreement though it was never agreed verbally. We estimate that there will be approx £68,000 in equity when the house is sold and I am certain she will demand half, my partner is happy to give her a percentage as she has chosen to work minimal hours per week and is terrible with money so has no savings so she will need some money to set up a home (rented I assume) as she is still single and cannot afford a mortgage. His house was paid for by him and she has made no financial contribution or carried out any improvements on the house other than cosmetic up keep. My question is - as they are not married and the children are now over 19 what rights if any will she have to any proceeds from the house? We want to know so we know what to offer her. I think he intends to offer more than she is entitled to get this resolved as quickly as possible. Thank you
Re: Partners ex girlfriends rights to his property?
davidterry - 25 August, 2017 04:39PM
She is not entitled to anything if the house is in his sole name, they are not married and the children are no longer dependent. That is not to say that she might not assert some claim. Even if such a claim is baseless it has a significant nuisance value. However, unless she has some document which says the contrary it is hard to see that she has any claim to half. You do not acquire a claim to half of a property in someone else's name just by living there.
Re: Partners ex girlfriends rights to his property?
jill_of_all_trades - 25 August, 2017 10:15PM
However a man who does not pay child maintenance and removes the roof over the head of 19 year olds in the current housing market does not look good in court.
Re: Partners ex girlfriends rights to his property?
Bubblegum - 25 August, 2017 11:54PM
To be fair, he paid the mortgage and allowed the ex and kids to live there for eight years. This was their agreement to keep CM out of it.
Re: Partners ex girlfriends rights to his property?
davidterry - 26 August, 2017 08:19AM
>>However a man who does not pay child maintenance and removes the roof over the head of 19 year olds in the current housing market does not look good in court.

The law is not about 'looking good'. It is about the law. A person has no right to claim a share in the property of another unless they were married or there is some proper evidence to justify changing the ownership.

For what it is worth the only choice people have in keeping the divorce courts out of their lives is not to get married in the first place. The principle of 'to each according to his needs, from each according to his ability' is not one of law.
Re: Partners ex girlfriends rights to his property?
JoanKing - 31 August, 2017 04:14PM
Thank you all and just to clarify 'bubblegum' my partner has no intention of leaving his children (or his ex) homeless he will ensure he assists financially for them to get a rented house re deposit and rent etc. One adult child now works and the other is off to Uni, sadly his ex has buried her head in the sand and chosen to continue to work part time hence she has a low income and no savings so no possibility of buying another house in her own name as she cannot afford a mortgage. As I said he will give her something we just have no idea how much, but your reply has helped thank you Terry so grateful for this forum so much conflicting advice on the net.
Re: Partners ex girlfriends rights to his property?
jill_of_all_trades - 01 September, 2017 09:30AM
Well there is the law. There is fairness. There is morality. There is practicality. There is the local job market. There are also two adult children who will be affected by their mother's move.

I don't think it is in your partner's emotional interest to be seen to be a lot better off than his children's mother. Just saying.
Re: Partners ex girlfriends rights to his property?
davidterry - 01 September, 2017 11:41AM
>>I don't think it is in your partner's emotional interest to be seen to be a lot better off than his children's mother.

Really? These people were not married. And the 'children' are adults. Different people earn different amounts and different people live in big houses and others in small houses. There is nothing 'unfair' about this.

And for what it is worth many people think much of divorce law is unfair. It is, for instance, hard to see the justification for paying spousal maintenance for longer than the length of the marriage, perhaps for 30 years after divorce. There is hardly a country on the planet which thinks that is 'fair'.

The fact is that the only option people have to escape the jurisdiction of the divorce court is not to get married. In that event their property rights are the same as those of other people who are not married.
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