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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2735
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner bought a house and me and my children moved in

Resolved Question:

Hi, my partner bought a house and me and my children moved in with her when she bought it. At the time she paid the deposit but for the two and a half years that we have lived here I have paid half to the mortgage and to the bills. Our relationship has broken down and she wants me and my children to move out so that she can sell the house, do I have any rights to anything seeing as I have paid a lot of money into the house. Also at one point she wrote me a letter and signed and dated it stating that she would leave us in the house for one year and she would go and rent somewhere while I pay the bills and sort out buying the house, would this letter be legal?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Are/were you married to your partner?

-How old are the children?

-Did your partner assume full legal and financial responsibility for the children?

-Is the children's biological father involved at all, if so in what way?

-Are there any formal agreements in place with your partner regarding your contributions?

-Whose name is ***** ***** title of the property?

Customer: replied 1 year ago.
Thank you.We live in EnglandWe are not marriedMy children are 15 and 11No my partner did not assume full legal and responsibility for the childrenThe father of my children has them alternate weekends and pays me £400 per month for them. We have a good relationship with him.Nothing has ever been written down regarding my contributions but we bought this house together. I could not get a mortgage at the time so she bought it and paid a deposit and we all moved in. We have always had a verbal agreement that I will pay half of the bills each month and if we didn't work that should the house be sold she would get her equity back but yesterday she agreed to let us stay in the house for 12 months and rent it off her paying all the bills while she finds a place to rent. When I can buy the house she will get her equity back and she wrote that down and signed it.Her name is ***** ***** title of the property
Expert:  Harris replied 1 year ago.

Thank you for confirming. Firstly, as you are not married and he did not assume financial responsibility for the children you cannot seek a claim against the home for this basis.

However, you would be able to pursue a claim for a share of the property if you can establish that there was agreement or intention that your contributions would create you a share of the property. Initially this should be attempted through negotiations with her and if no settlement is reached then you should consider pursuing a claim to your local county court under form N1 and a £355 court fee to seek a share of the property.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Customer: replied 1 year ago.
We did not talk of who would get any money if we sold the house only that first and foremost that she would get the deposit back that she made.Is the letter that she wrote stating that we could stay in the house for one year legal?
Expert:  Harris replied 1 year ago.

The letter would be something you can rely on but for which time period is she referring to? A year after separation? The letter could be used to argue that you should continue occupying the property for one year but as you are not paying rent you will not be considered a tenant and therefore have no rights enjoyed as a tenant and as your name is ***** ***** the title of the property the legal position would be that she can remove you by giving you reasonable notice to leave - however, your counter would be the intention that she showed in the letter allowing you to stay for a year (if it is after separation)

Customer: replied 1 year ago.
She stayed in the letter that she is allowing my children and I to stay in the house and pay the full mortgage and bills for a year when I will be in a position to buy the house from her. She has changed her mind since writing and signing the letter and she wants to sell the house now. Does the letter entitle me to stay?
Customer: replied 1 year ago.
a year after we separate she means.
Expert:  Harris replied 1 year ago.

Thanks - the letter can show intention to allow you to occupy the property and can be used to prevent you being removed. Furthermore you should consider simultaneously pursuing a claim for a share of the property due to your contributions and implied agreement you have set out.

Customer: replied 1 year ago.
Thank you, ***** ***** she rips the letter up but I have taken a photograph of it? The agreement we set out was that it was our home but she was to purchase it because I couldn't get a mortgage at the time, she paid the deposit but we have both paid the mortgage for 2 and a half years. The agreement was for her to get her deposit back but nothing else.
Expert:  Harris replied 1 year ago.

Thanks - if she destroys the original, then a photograph of it will be enough to demonstrate that there was some agreement in place.

Customer: replied 1 year ago.
Thank you, ***** ***** been reading about home rights and beneficial interest, are they any good to me?
Expert:  Harris replied 1 year ago.

Home rights are only in relation to married couples.

Beneficial interest is a potential interest raised by your contributions or some agreement with your partner, which we have discussed above.

Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
That's great thank you for all your help.

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