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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7609
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have a partner who has been living with me for 8 years. He

Resolved Question:

I have a partner who has been living with me for 8 years. He has never contributed towards any bills, mortgage, food etc. If we were to split would he have any claim on my house?
Submitted: 6 years ago.
Category: UK Family Law
Expert:  Thomas replied 6 years ago.

Hi,

 

Has he paid any rent to you? If so, was the amount paid less than he would otherwise have paid if he had to live in privately rented accommodation?

 

Are their any children of the relationship?

 

Kind regards,


Tom

Customer: replied 6 years ago.
He has never paid any rent. No children. I have supported him as he has his own business which went into liquidation not long after we met. Then 5 years ago he was made bankrupt. He restarted another business but does not make very much profit.
Expert:  Thomas replied 6 years ago.

Hi

 

Thanks for your reply.

 

In order to establish an interest in the property in these circumstances he would have to have done one of the following:-

1. Paid more in rent/mortgage to you than he would otherwise have paid in private rented accomodaiton.

2. Contributed to the financing of the original purchase of the property or paid off a significant amount of the mortgage using his own capital.

3. Paid for capital improvements to the property which increases the value of the property.

 

If he has not done any of the above then he would not be advised that he had a claim against the property. You will be fine.

 

If he had carried out one of the above then in order to establish his interest he would have to make an application to court under the Trusts of Land and Appointment of Trustees Act. This is very expensive, prohibitively so.

 

He will not be able to claim on the property in the current circumstances and would not be advised to do so by any solicitor he went to see.

 

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Kind regards,


Tom

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