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Advice on property in separation

  • stuad
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09 Oct 08 #55054 by stuad
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Hello all,

A friend of mine has asked a question and I know you guys are the people to advise me.

Situation in summary is...

Male partner bought a house 10 yrs ago and its still mortgaged.

Female partner moved in 5 yrs ago and contributed financially to the mortgage but never put name on mortgage.

They were never married.

Now considering separation. What financial claim would the famale partner have over the house ?

Stu

  • Marshy_
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09 Oct 08 #55124 by Marshy_
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Hi Stuad. Um none. If they are not married then she has no claim at all. I think you have to be divorcing to apply for Ancilory Relief. Also, there is no such thing as a common law wife. C

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09 Oct 08 #55133 by Sera
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stuad wrote:

contributed financially to the mortgage but never put name on mortgage.


My guess is that any judge looking at this would assume that had she not contributed to the mortgage; she would've had to pay rent... hence any contribution would probably be viewed as in leui of accomodation and contribution to bills.

Even in short-term marriage; there'd be little claim.

I'll assume no kids?

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10 Oct 08 #55330 by stuad
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Thanks for the replies. 1 child with the female partner aged 11 fathered by a different man.

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10 Oct 08 #55396 by D L
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Hi there

What she gets if anything depends on what agreement they came to when she started paying a contribution to the mortgage. If the joint intention was that she was paying part of the mortgage to assume a share of the property, she will have an action under one of the trust avenues.

I have posted some info here:

www.wikivorce.com/divorce/Divorce-Forum/...m-I-entitled-to.html

But to be frank - these cases are always very complex and expensive - he needs to take legal advice from a decent family lawyer asap.

Amanda

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