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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My son has left his partner & has moved in with me, when he

Customer Question

My son has left his partner & has moved in with me, when he did this he left the house which is in his name & pays the mortgage on. His ex partner & son are still living in the house & she is claiming she is entitled to half of everything, is this correct?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello. Thank you for your question. My name is Tony.

tdlawyer :

When you ask if she is entitled to half of "everything" - are you asking about the house specifically?

Customer:

apart from the house she has mentioned his car & everything in the house

tdlawyer :

Okay. Were they married?

Customer:

No they were not married.

tdlawyer :

Okay. Then there is no reason in law that she would get half of anything that he owned unless he agreed to that. This is the position with their general things, like the car and so on.

tdlawyer :

The house is slightly different though, and the answer to this depends on how they purchased it.

tdlawyer :

Do you know whether they purchased as joint tenants or tenants in common?

tdlawyer :

Or does he own the house solely in his name?

tdlawyer :

You do mention it is in his name, but I just need to check it is *only* in his name?

tdlawyer :

And does he only pay the mortgage?

Customer:

The house is in his name only & he is the only one who pays the mortgage.

tdlawyer :

Okay. Is it his child?

Customer:

Yes the child is his.

tdlawyer :

Okay. I don't see how she is entitled to say that she owns half of anything! You only get to this type of situation when you get married. However, she would be entitled on a relationship breakup to seek some financial maintenance from him, probably via the child support agency, but that doesn't mean she owns half of anything.

tdlawyer :

In answer to your question, therefore, she is not entitled to half of anything, whether it be the property of the goods, unless he has agreed (or agrees) to that. The fact that they have a child together does not change that.

tdlawyer :

Are you still there?

Customer:

thank you for your advice & help.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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