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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10505
Experience:  I have been practising for 30 years.
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My relationnship has broken down. It is my house/my

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My relationnship has broken down. It is my house/my mortgage. He has made monthly payment to include rent plus some bills for the last 2.5years. Does he have any claim or rights or can i ask him to leave and he must?

Hello for clarification how long have you been together in total?

he paid towards the mortgage and bills? decorating or improving the property?

Customer: replied 4 months ago.
No decorating, no furnishings or carpets. Monthly cost of upkeep £16-1700 he paid £800
Customer: replied 4 months ago.
His last contribution was end nov
Customer: replied 4 months ago.
He is still staying at the house
Customer: replied 4 months ago.
We have dogs acquiref together & dog care cost betwern £2-400 per month. He did not contribute to that. We have lived together since 2013, rented until 2015 then i purchased with my deposit & my mortgage.

I’m assuming that you have no children together.

You have lived together for 2 years and therefore, he may be in a position to claim a financial interest in the property if he can prove that he has contributed to the equity in the property.

Indirect payments for food can possibly be taken into account because they release money for you to pay to the house but it’s more difficult to account for those.

Asking him to leave on the other hand is relatively straightforward. He is a lodger and you are entitled to ask him to leave on reasonable notice and he doesn’t move out after say one month, lock him out and give him his belongings back.

Ownership of the dogs can result in quite an argument depending on who paid for them and whose name the chip is registered in because neither is proof of ownership.

Customer: replied 4 months ago.
By equity do you mean the deposit i paid? The house has no market value equity currently. I am 3.5 months pregnant with his child.

When you say that the house has no market value, I assume you mean that if it was sold, by the time the mortgage was paid off, there would be no money. If that’s the case, then his claim is a share of nothing.

Don’t be at all surprised however if he alleges that the house is worth more than it is.

Customer: replied 4 months ago.
I'm assuming as we are unmarried that his only legal obligation is to pay child maintenance once baby is born and nothing for me? I will be financially compromised as i wont be able to return to the same level of job post maternity leave so will have to work for less income & will have childcare costs to pay.

That is correct. Not being married makes a world of difference to financial liability and basically brings it down to just child maintenance.

I’m sorry, I know that’s not the answer you wanted but I don’t make the rules. It would be a lot different if you were married.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.


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