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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask on what basis she is threatening court proceedings please - is she simply claiming a share of the property in your and your sons name or something else as well?
For the avoidance of doubt there are no children involved and they were not engaged to be married?
Thanks. Because they were engaged she can apply to the court for a declaration as to entitlement in respect of personal possessions. However she has no right to an interest in the property you jointly own with your son
The only way in which she could hope to sustain a claim to an interest in the same is if she were jointly named on the deed s or could prove capital contribution towards the same - in respect of the latter the burden of proof would be upon her to adduce evidence in this respect as opposed to your son having to disprove this.
Unmarried couples have no rights in respect of the others property - the "common law wife" status frequently referred to is a legal myth. Unless children are involved both parties to an unmarried relationship leave with what they own and nothing more. She may be able to apply for an occupation order in their property for a short period to allow her time to find somewhere else to live but this does not give her any rights beyond a right of occupation for a period the court considers appropriate should she apply for the same.
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