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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7509
Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex-husbands ex-girlfriend (my successor!) continued to

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My ex-husband's ex-girlfriend (my successor!) continued to live in his house with him, her next boyfriend and two eventual children (now at university) after they had ceased to be a couple, because, to be frank, my ex-husband didn't want to live alone. They've never paid any rent and only part of the household bills. The ex-girlfriend did do some office work for him (he was self-employed and is now retired, aged 80!) My ex-husband's mental and physical health are slowly declining, and it is quite evident from his ex-girlfriend's attitude in the past that she feels very proprietorial about the house - indeed, when our daughter came back from travelling and needed somewhere to stay for a few weeks, it was "No room at the inn"! Our family has effectively been kept out of the house (except for daytime visits) for the last 20 years or so! If my ex should have to be admitted to hospital (or worse) for a protracted stay, there is no doubt that she would make a move to gain ownership of the house (worth about £400,000) and expropriate my ex's 4 children. Does she have any rights in this direction?

 

Hi

Thanks for your question.

To enable me to answer your question could you please respond to the following:-

  • 1. Is or was he married to her
  • 2. Did they have any children of their relationship
  • 3. I assume, but please confirm, that she did not have a written agreement (eg. Tenancy agreement) governing her occupation of the property

 

  • 4. Did she contribute more in rent/mortgage repaymentsthan she otherwise would have paid if she was living in her own private rented accommodation?

 

  • 5. Did she make capital repayments to pay off significant sums of the mortgage?

 

  • 6. Did she pay for/carry out significant improvements to the property which improved the value of the property?

 

Kind regards.

Tom

Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom

Hi,

Are you able to respond to my above post to enable me to answer please?

Kind regards,

Tom

Customer: replied 5 years ago.
No, they were never married and her two children are from the boyfriend who also lives in the house. She has never had any kind of tenancy agreement, and hasn't contributed fincially at all to the mortgage repayment. She did do some office work for my ex-husband (who was a musician and bandleader) but that ended years ago and could never have amounted to enough work to be considered as "rent"! Sjhe has never paid any renr, ddespite having worked outside for at least the past 15 years. Her boyfriend made a kind of bedsit in the roof space for her mother when she visits from Germany nnbut, quite frankly, I don't think it increases the value of the property as they didn't have planning permission for it and it probably isn't legal! Also, she is now living in this room herself, having split from the boyfriend, who is still there...
Hi,

Thanks for your reply.

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.
On the basis of the facts you have confirmed (unmarried, no children, no capital contributions and assuming there is no increase in value resulting from the bedsit) she would not be advised that she has any prospects of success in claiming under the Trusts of Land Appointment of Trustees Act, which is the only way she would be able to claim an interest.
In fact she does not have many rights over the property. Were he to decide that he wanted her to move out then he need only serve her with reasonable written notice of eviction before evicting her. He would also not be under an obligation to apply for a court order to effect eviction.

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,


Tom
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