rights

[justineo]

My friend and her 10 year old son turned up last night at about 11pm, because her common law husband had thrown her out. The house is his but they've been living together for about 15 years. Does she have any rights concerning the house? Any advice about what she should do next? Thanks for any help.

[Octavius]

A property may be owned in the sole name of one partner or may be owned jointly. As cohabiting partner of a sole owner occupier you have no rights to remain in the home if you are asked to leave by the owner, although you may be able to protect your position. You will need legal advice on this.

If the relationship ends, and there are children, courts can include property as part of an overall settlement to protect the children.

Your friend may be able to seek some Occupoers Rights but she will need to see a solicitor.

[justineo]

Thanks Octavius.

[OBonio]

I thought if she can prove she has been paying towards the running of the home (eg, mortgage, bills etc) then she has quite a few rights, yes.

[nickmo]

Go to the local Citizens Advice for free advice about this as there are a lot of issues here. Oct. and OB above are right in respect of proving contribution, but in short there is no such thing as commonly thought of a common law wife with marital rights in this respect in the UK. What's the position about maintenance of the child now? presume the child from the relationship? could be custodial points as well.

Do take good advice from professionals not just helpful ideas from friends about it all.

[justineo]

thanks, O'Bonio and nickmo for your advice.

[tigga]

as obonio says, but even if she hasnt been paying any money toward the mortgage or bills, looking after the child thus enabling him to go to work to pay the bills still counts.

[undercovers]

definately need some legal advice - as said before there is no such thing as a common law husband or wide BUT what this guy has said and done in the past 15 years could very easily mean your friend has an instant right in the house - this would be through the creation of a trust, for instance if he said this house is as much yours as mine, or often refered to it as "our" house - the courts could find that he has created a trust in which she has an equitable right... need to get her to a solicitors asap many will ofer half an hours free legal advice so get phoning round,

hope it all works out