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Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7625
Experience:  UK solicitor
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My daughter owns her own house she has and still

Customer Question

My daughter owns her own house for which she has and still is paying a mortgage. She now has a partner who has moved in with her. They have been together for about 6 months and he has been living there for a month or so. Does he have any rights to the house now or in the future?
Submitted: 2 years ago.
Category: Family Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
1. Are there any children of the relationship
2. Are they married
3. Does he contribute more in rent/mortgage repayments than he otherwise would have paid if he was living in his own private rented accommodation?
4. Has he made capital repayments to pay off significant sums of the mortgage?
5. Has he paid for/carried out significant improvements to the property which improved the value of the property?
Kind regards,
Tom
Customer: replied 2 years ago.

1. No

2.No

3 No

4 No

Not sure

Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if you have made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Provided he does not:
1. contribute more money in payment for food than she would have otherwise paid in private rented accommodation for rent/bills/food
2. does not make improvements to the property which increases it’s market value then
3. Does not pay capital sums off from the mortgage
Then he would not be advised to make a claim against the property.
However, if they marry or have children then it may change and your daughter would probably be well served by having a consultation with a family lawyer prior to doing either of these two things.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom