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Hi everyone I have a question. A couple who started living together In 2017and never married. They bought a home in a one party's sole name, the other relied on a promise that what was his was hers too. They have a son together who is two years old. There are fights now and last week the partner who is the sole owner of the house, hit the mother and threw her along with the child outside. She is staying at her brothers but it is a two bedroom flat and he cannot keep her there for long. She wants to go back* as she cannot afford any other place but at the same time she is fearful of partners violent behaviour. Is there any help available for her? She paid towards the deposit of the house but there are no written agreements and her name is not on the deeds although she paid for the bills and the maintenance work on that property as well.* Could someone please shed some light? Many thanks*
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If what you are saying regarding her paying toward the maintenance and household bills and if this can be proven by bank statements, receipts, etc, *she may have a beneficial interest in the property.* Were *the domestic violence incidences attended by the police?
I would suggest that she needs to consult a solicitor and if the violence is recorded she may well receive legal aid.
The National Centre for Domestic Violence may be able to put her in touch with local groups which will offer advice and possible safe accommodation. *If your friend *is *not prepared to leave the relationship, she *can discuss her *situation with other survivors and receive group therapy with trained counsellors. Get one-on-one help: many domestic violence centres offer free one-on-one counselling. A domestic violence counsellor can help discuss your situation, offer therapy and connect you to resources in your area.
https://www.ncdv.org.uk/
Tel; 0800 970 2070
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If she has bank statements and bills to prove that she has an intetest, can she claim the house?
Last week, when she was hit and thrown outside, police was called by her brother at his flat so there is an incident lodged with them. Police advised her to apply for an injunction. Can she apply for an occupation order /non-molestation order in this situation.?sorry for so many questions again. I really appreciate if someone could help.*Comment
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If a non-owning cohabitant can show that s/he has a 'beneficial interest' in the family home, s/he may have a right to occupy the home and/or a right to a share in the value of the property. Establishing a beneficial interest may also give the non-owning cohabitant a defence to any action taken by the owner to evict her/him and give her/him rights that s/he would not otherwise have in regard to occupation orders and long-term rights to the home. The courts will need to look in detail at the facts of each case in order to establish whether a beneficial interest exists and, if so, what will be the result on each party's interest in the property. The law in this area is extremely complex and the information *should only be used as a general guide.* *Beneficial *interest does not mean that she can claim the house. *
Occupation orders are not only to exclude someone from the family home, they can also be used to, enforce the right to remain in occupation of the property, require permission to enter and remain in the property or regulate the occupation of the property.
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Thank you. It was really helpful indeed.*Comment
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