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Answered in 26 minutes by:
10/31/2018
VerifiedHello, my name is Marcus.
It is possible for a non owning party to claim an interest but it is very difficult.
She would have to demonstrate the following:
- That there is an intention that she should have an intention,
- She must make a financial contribution towards the house, and
- She must have acted to her detriment.
Most cases fall at the third part. The best way of explaining this is what would she be doing if she did not live with your son. If she would be renting a property then she is now effectively living cheaply as if she was renting a property on her own she would be paying alot more. However if she could buy her own property but does not do so as she is living with your son then she could say that she has acted to her deteriment by giving up the opportunity to buy her own house.
It can be tricky but your son could ask her to sign a document to say that she accepts she has no interest in the house.
For the sake of completeness if they marry then the above would fall away. Any future claim as a wife would depend on all the circumstances i.e length of marriage and whether there are children etc.
I do hope that this helps.
Thank you.
Marcus.
As you say what a small world.
I hope it all goes well for you.
Thank you.
Marcus.
VerifiedMARCUS Malin and 87 other UK Law Specialists are ready to help you
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