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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience:  UK solicitor holding an England and Wales practising Certificate.
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i have recently split up with my gf

Resolved Question:

i have recently split up with my gf she is living in my house which i have no morgage on !! since late dec she has been in my house with her child !  and is sorting her stuff out to move out now! she is pregnant atm but is getting an abortion ! does she have any right to my house 


 


my email [email protected]

Submitted: 3 years ago.
Category: Property Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Are you the father of the child that also moved in with her?

Kind regards.

Tom
Expert:  Thomas replied 3 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom
Customer: replied 3 years ago.

No I am not te farther of the child !!


Luke

Expert:  Thomas replied 3 years ago.

Hi Luke

Thank you for your question and patience, I’m Tom and I’ll try to help you.

The position is that where a person is not named on the registered title to a property then you can generally only claim an interest in the property if they have:
• made either a capital contribution to it (ie. financing the purchase or pay for significant works which materially increase the value of the property)
• have maintained the mortgage payments/paid rent or bills/food/expenses to a total that is more than they would otherwise have paid in private rented accommodation in the area.
However, if a person has a child with the owner of the property then it can get complicated because they may in some circumstances accrue some rights over the property but they would have to assert those rights by claiming at court.
To summarise, provided neither of the two bullet points outlined above apply to you AND she does have an abortion then she will not be able to claim against your property.
If she does not have a written agreement covering her occupation of the property and there are no orally agreed terms of her occupation (ie. how long she could stay, any eviction notice rights) then she would be regarded as an Excluded Occupier. This would mean that she does not have many rights in terms of being able to resist eviction. One right that she does have is to receive reasonable written notice of eviction from you. If she has only been in the property since December then I should think 4 weeks notice of eviction would be sufficient. Technically you would not need to apply for an eviction order from court once notice has expired if she is an excluded occupier too.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7569
Experience: UK solicitor holding an England and Wales practising Certificate.
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