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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34266
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am writing on behalf of a family member: my partner's

Resolved Question:

I am writing on behalf of a family member: my partner's brother N is in a long term relationship (unmarried), and is cohabiting with S in a property which he originally acquired, and for which he has paid the mortgage (almost to completion), along with all household bills. If this couple were to separate, can you advise what rights S would have, if any. They are aged approximately 50, have cohabited for c10 years; and S has retained the property she lived in prior to moving in with N.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do they have any chidlren together?

Has S made any financial contribution to the mortgage or to any structural alterations or improvements to the property?

Customer: replied 1 year ago.
Hello Clare,
They do not have any children. S has made no financial contribution of any sort whatsoever.
Bob
Expert:  Clare replied 1 year ago.

In that case the only right that S has if they separate it to be given "reasonable written notice" to leave - say two months.

However if N dies S will have a claim on his estate 9and vice versa.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you Clare-that is helpful and reassuring.
Expert:  Clare replied 1 year ago.

You are most welcome

Customer: replied 1 year ago.
one further question- we believe N has already made a will which excludes S, should I interpret your advice that their situation would override such a will, providing S with a claim on N's estate in the event of his premature death?
Expert:  Clare replied 1 year ago.

So long as they are living together then yes her claim would override a Will and she would almost certainly get a share of the estate

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