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We have helped our son to buy a house. All the bills,morgage…

We have helped our son...
We have helped our son to buy a house. All the bills,morgage etc are in his name. His girlfriend wants to move in with him. Where does he stand if they split up? Can she ask for half of contents, house.
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Answered in 7 hours by:
11/20/2017
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,719
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

Hi,

Thanks for your question. I will try to help.

Did she contribute to the financing of the purchase of the property?

Will she contribute more in rent/payments whilst occupying the property than she would in her own private rented accommodation?

Will she pay for or carry out improvements to the property which are likely to significantly improve the value of the property?
Kind regards

Tom

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Customer reply replied 8 months ago
Hi thanks for getting back to me. No she didn't contribute to the purchase of the property. My husband and myself have done all the repairs to the property as my husband is in the building trade. She does not contibute to the bills they are all paid by my son.

Hi

Thanks for your question. I will try to help.

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.

Provided does not contribute more money in payment for food/rent/expenses than she would have otherwise paid in private rented accommodation for rent/bills/food and does not make improvements to the property which increases it’s market value then she would not be advised to make a claim against the property

So, as it stands she could not make claim in the event that they split up. However, this assumes that they will remain unmarried and without children. In the event that they either marry or have children then he would have to get specific legal advice at the time.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,719
Experience: BA (Hons), PgDip, Practising Solicitor
Verified
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