A neighbour of mine has been living with her partner for 16yrs,he's not divorced from previous wife ,so they aren't married, he pays the mortgage and she pays council tax and shopping, now they have split can she claim anything from him,
Province/Country relating to question : Uk
HiThanks for your question. The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area. So, if he has paid for the mortgage payments and this is more than the amount he would have paid in private rented accommodation then this is something which could form the basis of a claim for an interest in the property. He would have to make an application to Court under the Trusts of Land and Appointment of Trustees act, for which he would need to instruct a solicitor and pay legal fees. This can be quite expensive and each case turns on it’s own facts so success is not necessarily guaranteed. If he is not minded to make an application under the Act he won’t be able to claim an interests. If he does make an application under the act by instructing a solicitor then she will have to see how it plays out by defending the claim . Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question. If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”. Kind regards,Tom
BA (Hons), PgDip, Practising Solicitor
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).