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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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If my daughters partner moves into her apartment and starts

Resolved Question:

If my daughters partner moves into her apartment and starts helping with bills etc does this mean he is entitled to a share of the property if it is sold?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
1. Are there any children of the relationship
2. Are they married
3. Will he contribute more in rent/mortgage repayments than he otherwise would have paid if she was living in her own private rented accommodation?
4. Will he make capital repayments to pay off significant sums of the mortgage?
5. Will he pay for/carry out significant improvements to the property which improve the value of the property?
Kind regards,
Tom
Customer: replied 2 years ago.

Hi Tom,

Answers below:

1.No children

2.Not married

3.My daughter owns her flat outright so has no mortgage

4.As above

5.property is very new so unlikely to need significant improvements.

Regards-John

Expert:  Thomas replied 2 years ago.
Hi John
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 you 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) or have maintained the mortgage payments/paid rent or bills/food to a total that is more than you would otherwise have paid in private rented accommodation in the area.
Provided he does not contribute more money in payment for food than he would have otherwise paid in private rented accommodation for rent/bills/food and does not make improvements to the property which increases it’s market value then he would not be advised to make a claim against your property.
On this basis he would not be able to claim against the property
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
Customer: replied 2 years ago.

Hi Tom,

Thanks.Very clear.One follow up point.If they had a child together would that change the partners legal position as regards ***** *****?

regards-John

Expert:  Thomas replied 2 years ago.
Hi John,
It might, but only if he was to have residence (ie custody) of the child. If she has residence and he simply has contact then the position would remain as-is.
Kind regards
Tom
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