What would your rights be? (Stock Image) (Image: Getty)
Break-ups are never pleasant, but if the split isn’t amicable and you’re not going to remain civil towards each other, it can be even messier.
Things can become even more when you’ve been living together in a home that one of the partners has bought. Who gets the house? Does the other person have a right to it? There are so many burning questions.
That’s why The Legal Queen’s son asked his mum an all-important question about splitting up. “If I don’t get married, does my partner have a to my house?” he asked.
The Legal Queen, who is a family law solicitor in England and Wales, said that if the is in “your sole name” then whether the other party is due anything depends on several factors. “That would depend on whether the other person has made a significant financial contribution,” she said.
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The expert continued: “If they haven’t made a significant financial contribution, then they’re gonna have no claim. If they’ve helped you, for example, pay off the , or they’ve invested heavily into the property to increase the value of the property, then yes, they may well be able to make a claim.”
Sharing advice on a similar point in a separate video, The Legal Queen said that if you own a property and you invite a partner to move in with you, there are some things you can do to try and ensure if you split up, they’re not entitled to the house.
“Make sure if you own your own property and you decide to move your partner in that you have sufficient protection in place so that if the relationship breaks down your partner cannot make a claim to your property,” she warned.
But how? First, she said you should “keep all finances separate,” which means no joint accounts. Then, she recommended that you get your partner to pay you money, rather than them paying the off directly – because then there’s proof that they’ve been making a financial contribution to the property.
Tip three was: “Don’t have them invest significant funds into the property,” such as getting new windows or a new heating system, because this gives them a “beneficial interest”.
She then recommended getting a “cohabitation agreement,” because it’s “going to really help you” if the relationship breaks down and your ex is claiming “an interest”.
“We can refer back to the deed which makes clear your intention that the property was never going to be shared with them,” she said.
If you’re struggling with a legal issue, contact a solicitor for advice. While the video is useful background information, an expert should be able to give you more bespoke advice when you book an appointment.