brybusa

Any one have any legal knowledge/experience on the below scenario…

My brother is splitting up with his girlfriend, to make matters more stressful than they usually are; they have 1 child (1 year of age) involved.

Q:Is his g/f entitled to any value or part of his house?

I don’t believe she is, as he bought it before he met her and she moved in, then had child, she’s been in the house just over a year. She hasn’t her name on the mortgage or any bills to the house in her name.


Any one have an answer/any background to this?

I believe as he had the house b4 he met her it remains his totally. He under stand’s if they where married and the house was bought as a family home it would be totally different.

imlach

After 6 months, she is treated as a common-law wife and so things aren't so straightforward.....

milo

no such thing as commonlaw in england

if she's paid into the house in any way - mortage etc she may be entitled to some though.

with a kid, it's gonna cost him anyway.

get him to SPEAK TO A SOLICITOR. thats the only way forward and the only way to know for sure. does his ex-gf even want any of his house?

CRAIGFIN

Agree with Milo,

No such thing as "common law wife". Legally the house is still his......however the child with complicate things.

brybusa

I think she'd like summat yes, bear in mind that the bro is not going to throw her out in2 the street and wants to do the best for his daughter.He doesnt think giving her 60K is fair compensation though!

He thinks she'll probably go back to parents anyway.

Albert47

I agree with the above,

"Common law wife" is a load C**P, but if she has paid one penny into the house and she can prove it, she will entitled to half, no matter who has payed the most.

The nipper is a different matter, His child, He pays!!!!!!

Adam

Mice_Elf

Incorrect...

She will only be entitled to half if she has made significant contributions to the upkeep of the house - ie - paid for an extension / conservatory / new roof etc or is on the mortgage deeds.

Otherwise she could have lived in that house for 40 years and still walk away with nothing.

"Common law wife / husband" do not exist in English law.

The child will complicate matters, however.

imlach

Common-law wife MAY apply in Scotland, hence my original post. Didn't know about England, and also don't know where the original poster is from.....

sillysi

Just been through this myself. She is entitled to a maximumn of half the equity in the property. She does not have to of paid any cash value into the property. This is due to there being a child involved. A good solicitor will argue that she has given her life to bringing up the child in the "family home" and she was excpecting this to be here home for the future.

Gwalkvr6

Agree with sillysi.

Just gone through the same. It doesn`t sound fair but the Law never is!