You paid him rent.
You are not on the deed to the home. So, he is the owner of it.
You have no claim to any assets in the house.
That's what happens when you shack up. (not being judgmental -- all for shacking up -- but it's not the same as marriage.)
All a shack up is --- is just a roommate who sleeps in the same bed with you.
Say you leave this guy. Your best friend owns a house and she allows you to stay in her guest room. You live there 5 years giving her money every month. When she goes to sell the house -- do you think you are entitled to any of her equity in it? No. The situation with your boyfriend is not any different.
The money you paid the boyfriend each month was rent/utilities.Legal advice?
For selling the house, it depends on whose name is on the deed or title of the house, not the mortgage. If his name is on the deed for the house, unfortunately, he has ownership and can sell the house and do with the proceeds as he feels.
You can try to fight it by paying all the Court fees, take him to Court and show the judge that you have been paying part of the mortgage for the house, but the truth of the matter is, if he owns the house, there is really not much you can do. Also, common law marriage is 10 years.
This situation happens too often. Going forward, insist on joint ownership.
When land is held in the UK and one party contributes to the house in terms of a mortgage they gain what is known as an ';equitable interest'; in the land even though they may not have any legal title.
EXAMPLE: Jack owns a house which he bought in Feb 2000. In 2003 Jill comes to live with him and gives money towards the general housekeeping expenses plus the mortage. Jill has now gained an ';equitable interest'; in the house and her legal rights are protected even though she has no legal title to the house.
The fact that you are not married is irrelevant legally. An legal or equitable interest in land can be gained almost immediately.
So, forget the fact he says you have no right to any value of the house. You will get your share the only problem may be proving it if things get tricky!
Good luck!
You need to get some legal advice fast.
The law regarding common law wife was about to change but i am not sure if it has as yet. Can you prove that you have regularly paid towards the upkeep of this house from bank statements etc? If you can then you may have a good chance of getting a payment from the settlement.
It's not going to be as easy for your partner as he thinks it is, and by selling the house and keeping all the profit he is as good as making his son homeless.
If you go and see a solicitor they will tell you that at the least you can expect 50% of everything as you have been living together for so long, you would need to prove this with mail addressed to you at the address and witnesses etc..
it is very likely that you would end up with the house....as long as you end up with the child.
If the house and the mortgage is in his name, then sorry, but you get nothing. It's like asking for all the money you spent on stuff for the house etc. back - you both lived there, and also, you were under no compulsion to pay it, so....sorry, but he gets to keep all the money from the house, unless he chooses to give you some. But talk to a solicitor about getting money off him for your son.
IF OWNS THE HOUSE, then he can sell it and take all the money. Since you are NOT both married to each other then your rights if any is very very limited, but you can attached the surname of your son to the surname of the father. And can ask for a sustenance for the reeling of your 2year old son.
As you describe it, it sounds like he's right. You helped pay rent/mortgage. If there is no paperwork that has your name on it for the mortgage, there is nothing that would entitle you to anything related to the house.
If you are in the UK most likely you would have some claim but property law is a very complex area. The best way to understand what claim, if any you have, is by speaking to a property or family lawyer.
Me thinks you're screwed with your pants on. That's why we have rules of marriage. Sometimes you play with fire, you get burned!
You do have rights under common law partneships laws. See a solicitor as soon as possible. The first hour is very cheap.
you need to talk to a family law attorney.contact your local BAR Association for free or low cost legal advice.
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