Unmarried couple - entitled to half the house??
#1
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Unmarried couple - entitled to half the house??
Living with my GF for 5 years. No bills paid by her and most of her bills and store cards paid by me so no financial contributions in those 5 years towards running of home (we have a 4 year old daughter too).
Mortgage is soley in my name. Everything else in my name.
If we were to split, is she entitled to half the house? Can't seem to get a straight answer.
If she is, if I sell the house to a family member does that break her entitlement?
All hypothetical at the moment
Mortgage is soley in my name. Everything else in my name.
If we were to split, is she entitled to half the house? Can't seem to get a straight answer.
If she is, if I sell the house to a family member does that break her entitlement?
All hypothetical at the moment
#3
I think living together for +2years gives her common law status which in simple terms means yes. When you say you have paid for most things bills/mortgage etc you have to be able to prove it.
You absolutely need to take professional advice on this.
You absolutely need to take professional advice on this.
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Isn't she classed as your common law wife and therefore entitled to half of everything? I think the fact that you've paid for everything would mean bugger all.
#6
Originally Posted by EddScott
Living with my GF for 5 years. No bills paid by her and most of her bills and store cards paid by me so no financial contributions in those 5 years towards running of home (we have a 4 year old daughter too).
Mortgage is soley in my name. Everything else in my name.
If we were to split, is she entitled to half the house? Can't seem to get a straight answer.
If she is, if I sell the house to a family member does that break her entitlement?
All hypothetical at the moment
Mortgage is soley in my name. Everything else in my name.
If we were to split, is she entitled to half the house? Can't seem to get a straight answer.
If she is, if I sell the house to a family member does that break her entitlement?
All hypothetical at the moment
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In short - no, there is no common law wife concept in England - I think Scotland may be different.
I rang the Citizens' Advice Bureau before I moved my partner in with me on a similar basis and they said, if she had been making a financial contribution she could make a claim to recover that but not just a 50%
If her name is on the mortgage or deeds then it's a different matter. Since we have bought a house together but we have a "trust deed" I think it's called which states that I won 80% of the house due to me putting in the value from my previous house and her, well not putting anything in really.
ETA: didn't see the daughter bit, you may well end up getting mugged by the CSA to the equivalent of more than half the house anyway.
I rang the Citizens' Advice Bureau before I moved my partner in with me on a similar basis and they said, if she had been making a financial contribution she could make a claim to recover that but not just a 50%
If her name is on the mortgage or deeds then it's a different matter. Since we have bought a house together but we have a "trust deed" I think it's called which states that I won 80% of the house due to me putting in the value from my previous house and her, well not putting anything in really.
ETA: didn't see the daughter bit, you may well end up getting mugged by the CSA to the equivalent of more than half the house anyway.
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#8
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Originally Posted by OllyK
In short - no, there is no common law wife concept in England - I think Scotland may be different.
*Phones girlfriend in the UK, tells her to go swivel*
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With reference to having a daughter I was always under the impression that you can't kick her out with a child?
I know that you have to provide for that child until she is 16 and was aware that you have to provide a home for her.
I was also under the impression that if you were living with someone for more than 6 months you are classed as married in the eyes of entitlty (<made that word up) for half of the house!
I know that you have to provide for that child until she is 16 and was aware that you have to provide a home for her.
I was also under the impression that if you were living with someone for more than 6 months you are classed as married in the eyes of entitlty (<made that word up) for half of the house!
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Originally Posted by Karl 227
I've learnt something new today, thanks Olly
*Phones girlfriend in the UK, tells her to go swivel*
*Phones girlfriend in the UK, tells her to go swivel*
The term "common law marriage" is frequently used in England and Wales, however such a "marriage" is not recognised in law, and it does not confer any rights or obligations on the parties
http://en.wikipedia.org/wiki/Common-law_marriage
http://en.wikipedia.org/wiki/Common-law_marriage
What does Common law marriage mean? Nothing. It is a myth.
http://www.advicenow.org.uk/go/livingtogether/index
http://www.advicenow.org.uk/go/livingtogether/index
http://news.bbc.co.uk/1/hi/programme...st/3894353.stm
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Originally Posted by ScoobywagonGl
With reference to having a daughter I was always under the impression that you can't kick her out with a child?
I know that you have to provide for that child until she is 16 and was aware that you have to provide a home for her.
I know that you have to provide for that child until she is 16 and was aware that you have to provide a home for her.
I was also under the impression that if you were living with someone for more than 6 months you are classed as married in the eyes of entitlty (<made that word up) for half of the house!
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Originally Posted by OllyK
Indeed - but not the mother. You can kick the mother out, but you may have to let the daughter stay or cover the costs of where she lives. I suspect this bit will need to go to court to be resolved.
No - there is no concept of "common law spouse" in English / Welsh law. If you look at the Advice now link above - Scotland and NI are very different apparently
No - there is no concept of "common law spouse" in English / Welsh law. If you look at the Advice now link above - Scotland and NI are very different apparently
#14
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If it came to it I'd be quite happy to kick the mother out and keep the nipper, but as we all know fathers seem to have less rights than those on death row.
It does seem to be a grey area. I'm wondering if it might be wise to sell the house to a family member of mine so it doesn't even belong to me. Might question there would be if its retrospective and money for her would still have to be found.
Quite happy to spend every penny on the nipper but I think if we split she's had quite enough this last 4 years.
Need to see a solictor anyway about having this parental rights form signed. If anything happens to my GF, her parents get "first dibbs" on our daughter. By my GFs own admittance, her parents can barely look after themselves.
Anyone been to do this form I'm on about?
It does seem to be a grey area. I'm wondering if it might be wise to sell the house to a family member of mine so it doesn't even belong to me. Might question there would be if its retrospective and money for her would still have to be found.
Quite happy to spend every penny on the nipper but I think if we split she's had quite enough this last 4 years.
Need to see a solictor anyway about having this parental rights form signed. If anything happens to my GF, her parents get "first dibbs" on our daughter. By my GFs own admittance, her parents can barely look after themselves.
Anyone been to do this form I'm on about?
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Originally Posted by EddScott
Living with my GF for 5 years. No bills paid by her and most of her bills and store cards paid by me so no financial contributions in those 5 years towards running of home (we have a 4 year old daughter too).
Mortgage is soley in my name. Everything else in my name.
If we were to split, is she entitled to half the house? Can't seem to get a straight answer.
If she is, if I sell the house to a family member does that break her entitlement?
All hypothetical at the moment
Mortgage is soley in my name. Everything else in my name.
If we were to split, is she entitled to half the house? Can't seem to get a straight answer.
If she is, if I sell the house to a family member does that break her entitlement?
All hypothetical at the moment
I'd also suggest that division of the cash will be small fry compared with the custody battle.
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Did your GF give up work or some kind of career to look after your daughter? If so, her solicitor will plug that massively when it comes to money. You don't have to be married.
#17
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Originally Posted by Drunken Bungle *****
I may be misunderstanding this - but you're contemplating kicking the mother of your child out of the family home - and your biggest concern is how much money she gets...? Seems a little harsh.
I'd also suggest that division of the cash will be small fry compared with the custody battle.
I'd also suggest that division of the cash will be small fry compared with the custody battle.
I am not considering kicking anyone out of any house. I'm attempting to find out what exactly happens when a couple with a child split up. Having effectively carried someone for 4 years and paid all the outstanding bills and the secret Provident loans as well as the inpaid mobile phone bills plus all the non-financial grief provided by the other half, you must allow me to feel somewhat resentful of having to walk away from the house or indeed having to part with a significant amount of money only to find yet more money is asked of me through those kind people at the CSA.
Frankly my opinion is why should I?
As for custody, that would not be contested. I do feel that if the father has a more stable environment to provide the child then the child should stay with the father until the mother has a sufficent environment in order to hand the child over to the mother. To verbally agree to that would also mean that if I cut up rough and refused to hand the child back in the eyes of the law I would not have a leg to stand on and therefore would not consider putting up a fight.
We have a client in work who will inherit a large fortune when his parents pass away. He is about to get married and the girlfriend has had to sign a pre-nuptual (sp) agreement relinquishing all rights to any of the inheritance.
The lad I work with, his parents have a decent amount of cash and have ensured that in the event of him dying before the parents, all inheritance will pass to their children only.
Its not being tight or harsh or mean etc etc, its being realistic in the world we live in today.
Originally Posted by weapon69
Did your GF give up work or some kind of career to look after your daughter? If so, her solicitor will plug that massively when it comes to money. You don't have to be married.
Last edited by EddScott; 31 March 2006 at 01:24 PM.
#19
Whilst the common law wife may be hyped up where you will struggle is in "establishing the relationship" as you are not landlord and tenant and no rent book or history of payments is applicable you may well find the court will take a view that you shared your home freely.
If they do and especially considering the child as well i reckon you may well get taken for some cost this may not be the traditional half the home etc. but you could end up having to make what the law calls "Provision" which can be anything on the day!!!
If they do and especially considering the child as well i reckon you may well get taken for some cost this may not be the traditional half the home etc. but you could end up having to make what the law calls "Provision" which can be anything on the day!!!
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Originally Posted by EddScott
We have a client in work who will inherit a large fortune when his parents pass away. He is about to get married and the girlfriend has had to sign a pre-nuptual (sp) agreement relinquishing all rights to any of the inheritance.
http://www.politics.co.uk/issueoftheday/family-law-bar-association-prenuptials-welcome-if-safeguarded-$7130602.htm
#21
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I was told by a solicitor (when I was in a similar postion) that even tho we had been together for 6 years, common law wife meant diddly squat, she moved out of the house, and signed it over to me (and she was on the deeds) she had two children, (neither were mine)
The solictor who told me this information was her father, he advised her she was best just to move out, and sign the house over to me
The solictor who told me this information was her father, he advised her she was best just to move out, and sign the house over to me
#22
"We have a client in work who will inherit a large fortune when his parents pass away. He is about to get married and the girlfriend has had to sign a pre-nuptual (sp) agreement relinquishing all rights to any of the inheritance."
lol...lots of money but not enough to get advice on whether that would work!
lol...lots of money but not enough to get advice on whether that would work!
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Originally Posted by Tiggs
"We have a client in work who will inherit a large fortune when his parents pass away. He is about to get married and the girlfriend has had to sign a pre-nuptual (sp) agreement relinquishing all rights to any of the inheritance."
lol...lots of money but not enough to get advice on whether that would work!
lol...lots of money but not enough to get advice on whether that would work!
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I do feel that if the father has a more stable environment to provide the child then the child should stay with the father until the mother has a sufficent environment in order to hand the child over to the mother.
I'm asking in a nice way - you are clearly in a position to be able to pay for all these things. Does that mean you work full time? If so, does that mean your G/F was at home full time bringing up the child? Being a full time mother wouldn't exacly qualify as 'being carried'.
I'm not being mean, I'm just, as you say, "being realistic in the world we live in today".
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Originally Posted by EddScott
I am not considering kicking anyone out of any house. I'm attempting to find out what exactly happens when a couple with a child split up. Having effectively carried someone for 4 years and paid all the outstanding bills and the secret Provident loans as well as the inpaid mobile phone bills plus all the non-financial grief provided by the other half, you must allow me to feel somewhat resentful of having to walk away from the house or indeed having to part with a significant amount of money only to find yet more money is asked of me through those kind people at the CSA.
.
#28
Originally Posted by OllyK
Who is "they" and where did they state it?
"Cleaned house = £2k per year" +
"Mopped up vomit = £2k per year" etc?!
No offense but you can't put a price on that - and I don't mean that in an "agressive female shouting the odds about how being a housewife is the most difficult job in the world" way either (I'm not female for a start!), but rather from a "I have NO idea how anyone can put a price on motherhood - what a stupid idea to even bother to try - it was probably done by an aggressive house-husband/house-wife" point of view...
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Originally Posted by mad_dr
And what was that based on? Did someone sit down and work out a fair wage for each of the 'tasks' carried out during the average day by a parent? IE "Cooked dinner = £4k per year" +
"Cleaned house = £2k per year" +
"Mopped up vomit = £2k per year" etc?!
No offense but you can't put a price on that - and I don't mean that in an "agressive female shouting the odds about how being a housewife is the most difficult job in the world" way either (I'm not female for a start!), but rather from a "I have NO idea how anyone can put a price on motherhood - what a stupid idea to even bother to try - it was probably done by an aggressive house-husband/house-wife" point of view...
"Cleaned house = £2k per year" +
"Mopped up vomit = £2k per year" etc?!
No offense but you can't put a price on that - and I don't mean that in an "agressive female shouting the odds about how being a housewife is the most difficult job in the world" way either (I'm not female for a start!), but rather from a "I have NO idea how anyone can put a price on motherhood - what a stupid idea to even bother to try - it was probably done by an aggressive house-husband/house-wife" point of view...
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I read the bit about a housewifes' worth too somewhere. I actually think it was nothing more than as mad_dr has implied.
If you take what a housewife does while being at home, and then replace that with the wages of a comparable profession then you get the figure, apparently.
I don't think it had any legal reasoning behind it, merely an excercise to show a housewifes/husbands worth if replaced.
I can't remember whether or not taxi fares were included should nobody be around to ferry the children about.
It was all a little over the top from memory, but if it hasn't been used in a case yet, it's probably not long before it is.
If you take what a housewife does while being at home, and then replace that with the wages of a comparable profession then you get the figure, apparently.
I don't think it had any legal reasoning behind it, merely an excercise to show a housewifes/husbands worth if replaced.
I can't remember whether or not taxi fares were included should nobody be around to ferry the children about.
It was all a little over the top from memory, but if it hasn't been used in a case yet, it's probably not long before it is.