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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6826
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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Our unmarried daughter with one child aged 16 is buying her

Resolved Question:

Our unmarried daughter with one child aged 16 is buying her property and has 7yrs left on the mortgage which is in her sole name. Her daughter is named in her will as sole beneficiary to her Estate. She has a partner who is about to move in to the family home. He will be contributing to the household expenses which will include the mortgage costs. If she does nothing, will he, at any stage, be entitled to any claim on assets already accumulated or purchased in her name in the future? Including should they marry.
Many thanks.
Mike Bray
Submitted: 2 years ago.
Category: Law
Expert:  Michael Holly replied 2 years ago.
He will not gain an interest simply by moving in even if he pays bills or mortgage. The courts take the view that he has to live somewhere and wherever he lives he would have such expenses. However he can gain an interest by doing something that increases the capital value of the property. This does not include just decorating but if, say, he paid for a conservatory that adds significant value he would gain what is known as an equitable interest in the property equal to the contribution he has made.
Should they marry he can gain an interest simply by virtue of the marriage itself and the extent of the interest depends on the duration of the marriage. The court would take into account that your daughter has owed the property for a number of years and paid the mortgage etc on her own for that amount of time.
I hope this helps. If there are any further points please reply
Best wishes
Michael
Customer: replied 2 years ago.

Many thanks.

Could you please quantify in general terms how much - 'gain an interest simply by the marriage itself' - is viewed? I can understand if it is all duration based but 'simply' implies some interest immediately?

If my daughter doesn't alter her will in nominating her daughter as sole beneficiary - would any marriage be able to challenge her estate, other than in the circumstances outlined in your reply?

Expert:  Michael Holly replied 2 years ago.
Dear *****
Because it all depends on the duration of the marriage it is impossible to say exactly how much. If he lives there for years he would gain an interest and that would mean that if the property was left to her daughter it would still be subject to that interest.
Best wishes
Michael
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