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Category: Property Law
Satisfied Customers: 33525
Experience:  Barrister at Self Employed Barrister
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What rights does my partner have to our house if she has

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What rights does my partners ex  have to his house if she has never contributed any monies towards it.her name is ***** ***** mortgage papers .

were they married and were they children?
Customer: replied 2 years ago.

They arent married but have two has moved out and the other is 15 and still lives at home.she doesnt provide for her at all.he pays for everything.she has never in twenty years given him anything.she works at night and gets cash in hand but they never see any of it and she sleeps all day.we have just got back from holiday and got a letter saying she wants 50% of what the house is worth and if not he has to sell the house leaving him and his daughter homeless.oh and just a small issue she still lives in the house with them .

Thank you for this. The starting point is that if both names are ***** ***** deeds then they will both have legal interests in the property and the starting point is usually 50-50 - although this presumption can be disputes where a person has made no payments. This means that it is not straight forward and there can be an argument that the sum due is less than 50%. Matters will be more complicated in this case as she would have a maintenance claim regarding the children.
Customer: replied 2 years ago.

So what would your best advice be.i told him that he should get a solicitor and let them deal with it on his behalf.failing that should he get the house valued and remortgage and give her half as an out of court settlement, or should he take it to court and see what happens.its worrying us both sick as I dont think shes being fair .

I completely agree that he should get a solicitor - yes it will cost money but will usually save quite a lot in the long run. Must of these cases can be compromised without significant court action - but with the help of a solicitor it is normally resolved in a more satisfactory fashion.
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I hope this helps.
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Customer: replied 2 years ago.

Should he speak to his morgage company before speaking to a solicitor with reference to taking her name off the morgage papers, but now hes had a letter stating she wants to apply for a trust of sale should he go straight to a solicitor with the letter.

I would recommend that he actually goes to a solicitor and get the ball rolling
Customer: replied 2 years ago.

I have told him and we call his solicitor first thing in the morning.does she legally have any rights to custody of the daughter at home.meaning as he has proved for her and never had a penny from her

The court would not be changing where the child lives from what you have written.Please remember to rate
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