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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34134
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Do I have any rights to stay in the home I shaerd with my

Customer Question

do I have any rights to stay in the home I shaerd with my partner of 13 years as she owned the property
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.

Do you have any children under 18?

Customer: replied 11 months ago.
no i do not but my partner has died
Expert:  F E Smith replied 11 months ago.

I’m so sorry to hear that.

I’m afraid the news is not good.

You are not married and hence it’s not the marital home and your name is ***** ***** the mortgage. Hence, as the law doesn’t recognise a common-law relationship, you are literally a guest in the house and you can be asked to leave on reasonable notice which would probably be one month.

You may have a financial claim to make against the value of the house if, over the years, you have made any contributions towards it.

You may have a claim against the property if your late partner promised you the house and you relied on that promise to your detriment perhaps by contributing to it or staying with him when you were going to leave or something like that. The legal terminology is Promissory Estoppell. It’s not that common and it’s not a do-it-yourself job. It’s unlikely would be able to use it to stay in the house in the short term would only to get money from it if your partner has children or other beneficiaries who decide that they want the house and want you out.

I’m sorry that it’s not better news.

Can I clarify anything for you?

Please rate the service positive. It doesn’t cost you anything but helps me greatly.

We can still exchange emails. Best wishes. FES.

Expert:  Clare replied 11 months ago.

MY name is ***** ***** I have been a solicitor for more than 30 years.

In fact since your partner has died (and I am sorry for your loss)you are in a stronger position regarding the house

You can make a claim against the estate using the Inheritance (provision for family and dependents) Act - and the case law id very favourable in treating partners much as a spouse would be.

You should remain in the property but start negotiations with the Administrators of the Estate.

http://www.inheritancedisputes.co.uk/case-studies/fianc%C3%A9-wins-inheritance-act-claim-high-court-makes-landmark-pension-ruling.html

Please ask if you need further details

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