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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 9199
Experience:  I have been practising for 30 years.
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My former partner lives in the same house as me, although we

Customer Question

My former partner lives in the same house as me, although we have separate rooms as we are now in a purely platonic relationship. I bought this house from our landlord after we split. She has signed a letter from the mortgage company stating she has no claim, interest or right to stay in the house should I sell, move, die or default on the mortgage.
She stays here as she is severely disabled, and the old landlord allowed some adaptations for her. She never went on the deeds because we had already split, and I was not prepared to purchase a house to which she would then be entitled to half when I did sell. I allowed her to stay as she is familiar with the house and I can still act as one of her carers.
She pays me the going rate for rent in the area - probably a bit less, as she survives on benefits - in addition to a proportion of the household bills. I own the house and contents apart from a few personal items of her own
She is now facing a civil action for defamation of character. Given the information above, can theyou make a claim against my house or the contents?
Submitted: 12 days ago.
Category: Family Law
Expert:  F E Smith replied 12 days ago.

Thank you for your question - can you explain some more about the civil action against her please?

Customer: replied 12 days ago.
I think I talked to you about this before? But basically she placed comments on Facebook which the other side say are untrue, but for which she has evidence that shows they are true. She is insistent on fighting it despite the horrendous costs involved, and I want to ensure my property is safe from any claim or charge in the unlikely event she is unsuccessful, or they are partly successful
Expert:  F E Smith replied 12 days ago.

Provided the house is in your name, your sole name and always has been (not owned jointly by the two of you ever) then even though your partner may live in the property, if she is made bankrupt or pursued by creditors, they have no claim on the house or anything which does not belong to her. The fact that she may live in the property is irrelevant. You have no more liability than any other landlord. The fact that you may have been living together has no legal status or the van landlord and tenant.

Can I clarify anything else for you?

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