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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My mother was living with a partner (unmarried) past

Resolved Question:

my mother was living with a partner (unmarried) for the past 30 years or so. Although they purchased the house together, and she provided the money for the deposit it was registered in his name only.
My mother has now passed away, without leaving a will, and her partner is now sayig that the house belongs solely to him, and I am not entitled to any part of it, even though my mother always told me that her share would pass to me. What can I do to protect my share of her estate?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified solicitor.
Just a bit more information required.
1. Have you seen the title deed to ensure that it is in fact only in his name?
2. What other contributions did your mother pay (eg. mortgage)?
3. Was there any agreement between them regarding what should happen to the property?
4. Is the partner your father?
Customer: replied 1 year ago.
1 Yes I have seen the deed and it is in his name only
2 As far as I am aware, whilst my mother was working they shared all the outgoing payments of all the household bills
3 Not that I am aware of
4 No he is not my father. I am my mothers only child.
Expert:  Harris replied 1 year ago.
As your mother was not married she has no rights unless there has been explicit agreement about how the property is to be shared and the title deed takes precedence. She therefore cannot provide you a share of assets in the estate that are not legally hers.
You could pursue a claim through the courts in relation to the deposit that your late mother paid for the property, however it is likely that such a claim would be expensive and heavily contested by the partner.
Customer: replied 1 year ago.
So you are saying that he can legally keep the house?
What about the rest of her posessions for instance her car,jewllery etc.?
Expert:  Harris replied 1 year ago.
The house would be extremely difficult to pursue and you are, if successful, only likely to make a claim for the deposit.
However, personal belongings and effects that belong to your mother should be distributed according to her will, or if there is no will then in accordance with intestacy rules. Under intestacy rules you are entitled to inherit all of her belongings and personal effects as she is not married. However, as they have been living together for over 30 years, her partner can apply to the court to obtain a share of her belongings / assets. Again this will be expensive and time-consuming to pursue for him and he would need to consider whether this would be worthwhile depending on the value of the belongings.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you I will have to give this some more thought
Expert:  Clare replied 1 year ago.
HiThank you for your question.Since your mother was not married to her partner he cannot make a claim on of her belongings whatsoever - his only claim would have been a financial one if the house has been in your mother's sole name.He is however entitled to any belongings purchased with joint funds.The position with regard to the house is not as bleak as has been suggested - although it would not by any means be easy to pursue it.However if you can prove that she paid the deposit and there is evidence that she always spoke about her having a "share" then there is a possibility of a claim for more that the deposit.Given the cost of any probate dispute using Mediation to try and resolve matter may well be a positive move forward