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26yrs together not married. Partner inherited and split up.

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  • 26yrs together not married. Partner inherited and split up.

    Hi

    As per the title. A friend of mine was with his partner 26yrs. Always earned more than his partner and transferred his salary to her. He lost his job a month before her parent died and left her a £500-600k inheritance. She split up with him. Is he legally able to claim anything?

    Im only 40 so definitely for a friend.

    Any advice appreciated.

    Thanks

    D
    Tags: None

  • #2
    The usual stance in this situation would be, whatever is hers is hers and whatever is his is his.

    Comment


    • #3
      Hi D1ngle,

      Sad situation for your friend. Did they own any property together? Are there any young children?

      Assuming any property was in your friend's partners name then unfortunately the law is pretty clear on ownership of property as far as co-habitees are concerned. The fact one party pays towards bills, irrespective of the length of time they have been together, does not in itself give any property rights to the person contributing. However if it could be shown that a 'trust' has been created then your friend may be able to show they have a beneficial or proprietary interest in the home. This can be difficult to demonstrate though.

      It would need to be shown that your friend made substantial contributions to the property, not just half the bill payments to the property, whether this be by providing part of the purchase monies, funding an extension or undertaking significant work at the property, other than decorating and routine maintenance.

      It is a complicated area of law and unfortunately not the easiest thing to prove. It would be advisable for your friend to seek some face to face legal advice just to clarify what if any options there may be for them. Your friend does need to bear in mind however that the length of the relationship is irrelevant. Contributions and whether promises were made and acted upon when it comes to the property ownership are relevant. The existence of young children may be a factor but wouldn't necessarily allow a parent to remain at a property they do not own for an indefinite period. The ex partner's inheritance is irrelevant as they were unmarried.

      If this is about the property then it would be sensible for your friend to write a timeline of events and amounts contributed if above and beyond their share of bill payments, before making an appointment to discuss the options with a property litigation specialist. It can be really tough sorting the relevant facts out hence a timeline may be helpful to focus the conversation with the lawyer and avoid using the time to rage about how hurt and how unfair the situation is.

      The Court's continue to support the significant distinction between married/civil partnership couples and those who choose to co-habit. There is no such thing as a common law marriage.

      There may be fixed fee or free initial appointments available in your friends locality which (s)he could look at just to get her/his head straight on the options available and the likely cost of pursuing this.

      I am a qualified solicitor and am happy to try and assist informally, where needed.

      Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.

      Comment

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