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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25412
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My son moved into rented accommodation with his girlfriend

Resolved Question:

My son moved into rented accommodation with his girlfriend 3 years ago. My parents gave me money to put a deposit on a seperate property that my son is doing up. The house is in mine and my son's name. They have never lived in the mortgaged house as my son is still renovating it. They split up last July and she is threatening us with court. She has never contributed in any way to the mortgaged property and has never lived there. They split up whilst living in the rented accommodation. Does she have any claim on the mortgaged property?
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

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.

Joshua :

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?

Customer: She wants a share of the property. We have shared everything they had in the rented accommodation and she has had all her personal belongings. This is really worrying me because myself and my parents have put a lot of money into the mortgaged property. I have paid all the mortgage and other bills. She has not contributed at all.
Joshua :

Thanks.

Joshua :

For the avoidance of doubt there are no children involved and they were not engaged to be married?

Customer: There are no children but they were engaged.
Joshua :

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

Joshua :

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.

Joshua :

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.

Customer: Thank you very much Joshua. I have made a very worried mother a little less grey-haired.
Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though.

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