does my sister have any rights?

[lucy407]

Hi can anyone help me??
My sister and her partner have just split up, the house they lived in they bought 2 years ago. The mortgage is in his name, she pays electris, gas, council tax and food bills, does she have any rights as in stopping in the house till she finds somewhere. He isnt there , at a friends so he says.

thanks

[hyltonlad]

Re: does my sister have any rights?

hi sorry i cant help but im sure some one will be able to help you

[Luminol]

Re: does my sister have any rights?

Hi Lucy,

Not really something I know about, but I found this:

Living Together and Your Rights if You Separate

Hope it helps.

Lumi x

[Sapphire]

Re: does my sister have any rights?

Hiya I'm sorry to hear about your sisters troubles. To be honest this is somewhat a grey area, as you say its her 'partner' and not her 'husband' so can it be safetly assumed that they were living together and not married ?
You also say the mortgage was in his name, did she have her name on anything? Did they have a 'tenants in common' document drawn up ?

I've found this from the CAB Site, it may help.

Owner-occupiers

Living together

A property may be owned in the sole name of one partner or may be owned jointly.
If you are the sole owner, you have a right to stay in the home. However, your partner may be able to claim a 'beneficial interest' in it – see below.
If you are joint owners, you and your partner have equal rights to stay in the home. However, if you have children, you can ask a court to transfer the property into your name. The court will only do this if it decides it is in the best interests of your children. It is usually done for a limited period, for example, until your youngest child is 18 years old.
If your partner is the sole owner, you may have no rights to remain in the home if you are asked to leave. However, if you have children, you can ask a court to transfer the property into your name. The court will only do this if it decides it is in the best interests of your children. It is usually done for a limited period, for example, until your youngest child is 18 years old.
If you don't have children and your partner is the sole owner, the only way you may be able to claim long-term rights to the property is if you are able to show you have a 'beneficial interest' in it. This is a way of getting a court to formally recognise contributions you have made towards the home. The court could also recognise an understanding you had with your ex-partner when you bought the home that you would have a share in it if it were sold. If you are able to prove you have a beneficial interest in the home, you may be able, for example, to get the right to live in the home, prevent your ex-partner from living there or get a share of the proceeds if the home is sold.
You may be able to ask a court to make a decision about who has the right to stay in the home on a short-term basis. This is called an occupation order. You can also apply for an occupation order to allow you to return to the home if you've left. You can apply for an occupation order if you're the sole owner, joint owner, have a beneficial interest or are the partner of a sole owner. However, if you're not the owner or joint owner, you can only apply for certain types of occupation order. An occupation order usually lasts for only a limited period of time.
If you want to claim beneficial interest in your home or apply for an occupation order, you will need to get legal advice about this.

[lucy407]

Re: does my sister have any rights?

hi , thanks all for the help, ive sent my sister the links.