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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Id like to know what rights a common law partner has

Resolved Question:

Hi,
I'd like to know what rights a 'common law' partner has when they share a property and pay the mortgage equally, however the mortgage is solely in the other partner's name. Do they have any rights regarding their 'home' in the event that there is a breakdown and the partner either wishes to evict them or sell the property?
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi,

Are there any children of the relationship?

Is only the other partner's name on the regsitered title to the property?

Tom
Customer: replied 1 year ago.


No children living with us. My partner has grown up children who live away.


His name only appears on the title.

Expert:  Thomas replied 1 year ago.
Hi,

Thanks.

Did you contribute to the financing when the property was purchased?

Did you contribute more in rent/mortgage repayments than you otherwise would have paid if you were living in your own private rented accommodation?

Did you make capital repayments to pay off significant sums of the mortgage?

Did you pay for/carry out significant improvements to the property which improved the value of the property?


Kind regards,

Tom
Customer: replied 1 year ago.


Hi there.


 


No, I didn't contribute to the initial financing. This was my partner's 'buy to let' of ehich I was not a part.


 


I'm sure I would have paid more in rent unless I shared a rental property.


 


Not sure what you mean, but this is a repayment mortgage.


 


I had a bath put into the property at a cost of £450.


 


Hope this helps.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

Unmarried partners are at a disadvantage in this area.

Unless you have a written agreement stating how much notice you should receive you would only be entitled receive “reasonable notice” of eviction. This is generally regarded to be between one and two months depending on how long you have lived there.

In order to claim an interest in the property you would have to do so by litigating under the Trusts of Land and Appointment of Trustees Act.

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.
If you would have paid more in rented accommodation had you not lived at your partners house than you have done in rent to your partner, did not contribute to the financing of the purchase and have only paid for minor items then I’m afraid that you would not be able advised to pursue a claim against the property.

I am sorry.


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Kind regards,


Tom
Customer: replied 1 year ago.

Thank you. XXXXX just finish by having one thing clarified; am I right in thinking then, that as a common law partner I have no more rights to the property than, say, a lodger would, unless I'd either; paid capital in initially, made significant improvements which increased saleability or paid more than my partner into the house/household? This third point must only be pertinent to partners, though, surely, because a lot of tenants pay


significantly more towards mortgages in rent (?)

Expert:  Thomas replied 1 year ago.
Hi,

You don't really have any more appreciable rights than a tenant, it is correct to say.

It's not a question of paying in more than your partner. It's question of paying more than you would have if you were in private rented accomodation on your own.


If you were paying to your parner twice the amount that you would have paid if you were living in private rented accomodation then you coudl potentially form the basis of a claim because the excess would amount to a considerable sum over time.

Please rate my answer.

Kind regards

Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
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