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Thread: Tyring to find out where I stand

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  1. #1
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    Default Tyring to find out where I stand

    Hi everyone,

    I'm not sure if I'm posting this in the right place

    I'm trying to find out where I would stand legally in my housing situation.


    The house my son and I are currently living in and paying the utilities, phone, council tax, water rates etc on a mortgaged property that my partner pays the mortgage for.

    He pays the mortgage, buildings and contents insurance, and has life cover for the property.

    He lives for the majority of his time at his flat in London (where he works). We are not legally married, and we have no joint financial responsibilities.

    What I would like to know is, in the event of my partner and I parting ways, where is the legal standpoint with regards to the house. My son and I have lived here for two years. There was supposed to be a document drawn up with the solicitors that outlined my right to stay, and what would happen in the event of us splitting up. This has not been done, and every time its mentioned, it starts a massive argument.

    Suffice to say, that I feel quite insecure in this property, as the house i look upon as my home, can be taken away at any moment, and i would be forced to pack up and move.

    Looking for advice, or if i need to seek further legal advice.

    Thanks in advance.

  2. #2
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    Default Re: Tyring to find out where I stand

    one for @DianaM

  3. #3
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    Default Re: Tyring to find out where I stand

    Hi,

    Is there anybody that has any advice, or can help me on this issue. I'm happy for the thread to be moved if its in the wrong area. Thanks in advance.

    S x

  4. #4
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    Default Re: Tyring to find out where I stand

    Hi,

    Have you discussed your concerns with your partner?
    I think that's your first thing you should do.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  5. #5
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    Default Re: Tyring to find out where I stand

    Hi
    Are you on a tenancy contract ?. If so, that really determins your position
    Did he purchase it for you to live in, or did he already have it

    If your not on a tenacy contract, it does make it very hard for him to ever give you notice, unless you get in arrears
    If not, it leaves things quite open
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

  6. #6
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    Default Re: Tyring to find out where I stand

    Slonie isn't paying rent Crazy just the utilities and CT.
    Partner is paying the mortgage.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  7. #7
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    Default Re: Tyring to find out where I stand

    Hi Nem,

    i just wandered if there was anything formal, if not, the second question, if the property was purchased for her to live in, or the partner already had it, i supose had he previously rented it out, if he did own it prior might be important.

    by her description, she is the occupier ( he has a property elsware ), the morgage thing isnt as important as it may seem, as if a property were left empty, the morgage would still need paying but there would be a cost of general maintaince for the property

    From the owners perspective, it would be very hard to give the person notice in any way without quite a drawn out process, or it be setteld by negoteation.
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

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    Default Re: Tyring to find out where I stand

    Quote Originally Posted by Crazy council View Post
    Hi Nem,

    i just wandered if there was anything formal, if not, the second question, if the property was purchased for her to live in, or the partner already had it, i supose had he previously rented it out, if he did own it prior might be important.

    by her description, she is the occupier ( he has a property elsware ), the morgage thing isnt as important as it may seem, as if a property were left empty, the morgage would still need paying but there would be a cost of general maintaince for the property

    From the owners perspective, it would be very hard to give the person notice in any way without quite a drawn out process, or it be setteld by negoteation.
    I agree totally Crazy.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I will not advise by Private Message. If Specific Advice is Needed please Tag me in your post by typing @Nemesis45 . If you receive messages from anyone offering advice for a fee please report it to the site team. Animo et Fide.





  9. #9
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    Default Re: Tyring to find out where I stand

    Hi Nem,

    Quite a difficult one to do at the minute. The intention when we bought the house was to have an agreement drawn up at the solicitors that stated where we both stood, but it didn't happen. Then when I have brought it up a couple of times since, it disintegrated into an argument.

    - - - Updated - - -

    Hi Crazy,

    There is no tenancy contract. The house was bought for us (he didn't already have it, I spent time viewing houses, and found the one I'm currently in) as a "family" although he doesn't live here. The intention being that he gains an asset and I gain somewhere safe to live, although it doesn't feel that way at the moment.
    Last edited by slonie; 18th April 2017 at 17:52:PM.

  10. #10
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    Default Re: Tyring to find out where I stand

    Just as a general point

    It would be very hard to give you notice unless it was by the morgagee co, just becasue of his houseing situation

    here is a basic explination but your curcs being slightly different as you may be classed as sole tenant, and i think that may be in your favour, becuase if you were classed as the sole tenant ( he could challange that ), he would would have a number of obsticals to get over before taking any action through court in respect of your tenacy.

    On the other hand, if his other property is soley work related, then you wouldnt be sole tenat, but it still would be hard for him to end your tenancy.

    https://www.citizensadvice.org.uk/fa...owns-the-home/
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

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    Default Re: Tyring to find out where I stand

    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

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    Default Re: Tyring to find out where I stand

    Hi Crazy,

    Thanks for the info. He rents the flat in London, but he's lived there for 16+ years, with no aspirations of moving because of his work commitments. The house that he pays the mortgage on, is away from London.

    I'm struggling to understand how I could be classed as a tenant, with no formal agreement of any kind. No tenancy agreement, no occupancy order, or document stating that I have a right to live in the house. Other than conversations we had, it could very easily come down to he said, she said scenario. I have had a very quick look through the links you gave me, and it could be argued that I have been given beneficial interest.

    Really, I'm covering bases and finding out legally where I would stand if it came to it. I'm reasonably reassured that I could take it to court, and he wouldn't merely be able to throw me out of the house on a whim in the middle of a heated discussion.

    Thanks for your help.

  13. #13
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    Default Re: Tyring to find out where I stand

    Hi

    The term tenant, means more than a rental tenancy, In effect, i think you would be considered the sole tenant, The key being it would be very hard to give you notice ( take many many months, if they get it ). but am not sure becuase your curcs are crossing bewteen co-habitation and a residential tenacy.

    any beneficial interest would be small because hes paying the morgagee, i suspose it depends how that payment mesures up to all the bills you pay ( CT, insurance, maintaince, ect )
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

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    Default Re: Tyring to find out where I stand

    Co-habitation is always difficult to quantify. He is currently only here about once a month, if that.

    His main residence is actually his flat, his life is more down there than where I am, so if I look at it that way, sole tenant is probably more in keeping with whats happening at the moment.

    If the beneficial interest comes down to comparing the mortgage payment to cost of bills, then I wouldnt get that as the mortgage payment is more a month than the bills I pay.

    Im a little bit happier knowing that its not merely a case of him demanding I leave immediately and having nowhere to go, and that if it came to it, I can go to court and get a little bit of time to sort things out.

    Thanks again for all your help. Very much appreciated

  15. #15
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    Default Re: Tyring to find out where I stand

    Hi Slonie,
    Sorry to recap, but can you confirm whether your son is the son of your partner too?
    When the property was purchased did you put any sum toward the purchase price?
    Did you keep any details of the discussions made or proof that the intention was for you to be placed on the property deeds or for a declaration of trust to be made, giving you a beneficial interest in the property from the outset? What was your housing situation before your partner purchased this property. Did you own a property or were you renting?
    If the property was being purchased with the intention of it being a family home and the discussion had been had about you entering into a declaration of trust, was this discussed with the solicitors/conveyancers when the property was bought and if not, do you recall why it wasn't?
    Apologies for all the questions but hopefully we'll be able to point you in the right direction.
    It would be for you to show that the intention was there for you to receive an interest in the property for which you need more than he said she said. Have you done any work on the property more than just a lick of paint, and who paid for it?
    I may not be able to get back to you until after the weekend once you have answered the above question as I am off, but if I get a chance I will pop on to see before then.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be 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 advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

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    Default Re: Tyring to find out where I stand

    Hi Peridot,

    No problem with the questions at all.

    My son is not the son of my partner, we have no children together.

    When the property was purchased I didnt put a sum towards the deposit (it is far more complex than that), my partner had on two previous occasions offered me a sum of £1500 and a sum of £2000, which I told him to keep in his account towards the deposit. In hindsight (isnt it wonderful) I should have had the money transferred to my bank, and then I could have transferred it back for the papertrail, so nothing to support that.

    I was renting a property before this property was bought. There is nothing in writing anywhere as evidence of the discussions that we had before buying this house.

    The declaration of trust wasnt done at the time of buying the property because of how quickly we moved, from offer to completion in 6 weeks. It was said that we would do it after, and then everytime ive brought it up since, there has been an argument. Firstly about having to pay a solicitor again, then about him not feeling "safe" with his asset and how he would be being ripped off (leaving me to feel very insecure in this housing situation).

    There hasnt been anything major done on the house so far, only little maintenance jobs that ive paid for, a new pipe here, servicing the boiler there, etc.

    When its stated that way, its all very bleak, and that will teach me to be so very trusting.

    Thanks in advance.

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