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Breaking up and what am I entitled to?

Tagged as: Big Questions, Breaking up<< Previous question   Next question >>
Question - (12 November 2013) 6 Answers - (Newest, 13 November 2013)
A female United Kingdom age 41-50, anonymous writes:

Can anybody tell me if you have been living with your partner for 9 years and you decide to break up, would you be entitled to half or any of the property?

I'm in this situation and I don't know much about legal stuff. The house is in his name because at the time I wasnt earning much, and infact he encouraged me to be a lady of leisure, a bit old fashioned - he went out to work and I stayed at home cleaned and cooked and had a little part time job.

Well I got bored of this and now I'm back working, but we never changed the situation regarding who owns the house. He has always said its half and half and its our home, even if we ever break up he'd give me half - but now when it comes down to it hes saying he doesn't have to, but he wants to give me about 1/3. I know it's awful talking about money, but I need to think of my future, and whats right.

I worked so hard putting everything into our home, everything I did was for us and the house, but it's not working out anymore.

He also says he would give me part now and part in a few months, but if I'm leaving I don't want to have ties to him for the time being.

I need some advice if any of you have been through anything similar or know about legal stuff it would be a help.

We're not married.

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A female reader, So_Very_Confused United States +, writes (13 November 2013):

So_Very_Confused agony auntyou are entitled to NOTHING. your name is not on the deed. you are not married not even common law more than likely which usually requires INTENT and holding yourself out to the community as husband and wife.

He's made a generous offer of 1/3 I would take it and move on.

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A female reader, Honeypie United States +, writes (13 November 2013):

Honeypie agony auntI would take that 1/3 and walk away. EVEN if you had paid into the house over the years, if the house is in his name.. it is HIS.

Like Eddie suggest you could contact a lawyer and see about your "rights".

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A female reader, anonymous, writes (13 November 2013):

I don't think you are entitled to anything except what you paid for with your own money and can document it.

If you were married then it would be very different. Is it fair that the one piece of paper makes such a huge difference? No I don't think so (because I do think a lot of times one spouse in a divorce should not he entitles to half of everything just because they have that piece of paper) .

Legal issues aside, lets consider the ethics here. Are you sure you should be entitled to half of the house? Did you pay for half of it? Did you pay for a substantial amount of the upkeep and maintenance, more than the one -third he is willing to give you? Did you do a lot of renovations DIY or paid for said renovations with your money and which raised the value of the house? Remember, you worked only a part time job for a few years while he worked full time. So presumably he was paying for most if not all of the house while you were being a "lady of leisure". Why should you be entitled to HALF of it as opposed to a third (for your efforts in housecleaning)? He could have hired a hoisecleaner and cook, so no i do not think that cooking and cleaning entitles you to half the property. One can also argue that he expended more effort earning the money to pay for the house, than you did on doing the cooking and cleaning. Make no mistake, in a legal marriage that's breaking up I think the same ethics should apply even though often they do not.

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A female reader, AuntyEm United Kingdom +, writes (13 November 2013):

AuntyEm agony auntYou do not have any legal rights to his house and you can only take property that you can prove that you paid for. There is no common law wife status in the UK and whatever he gives to you on parting, will be his choice.

I wish more people understood this when they begin to co-habit outside of marriage.

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A male reader, eddie85 United States +, writes (13 November 2013):

eddie85 agony auntI agree with Keeley on this one 100%.

I don't know about the laws in the UK, but in the US, most states don't have common marriage law. Therefore as a live-in-girlfriend you are entitled to pretty much what you brought into the relationship and what you earned during it, barring any legal documents.

If you were married, the situation would be drastically different.

If you feel you entitled to a share of the property, I'd consult a lawyer and see what the legal statutes are in your country. However, I do hope you take an honest and introspective look and ask yourself "What do you I really deserve?" It sounds like this man gave you shelter and treated you pretty well... to take unjustly might tarnish whatever you had and will reflect upon your character as well.

Eddie

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A female reader, Keeley345 United Kingdom +, writes (13 November 2013):

Legally you're not entitled to anything. Only married couples have rights and entitlements to things. You and your partner will have to sit down and decide who gets what. If things get difficult, you may need legal advice but there are no laws that protect unmarried couples. The only way to distribute property if things get messy between you would be via a small claims court but again you'd need legal advice before doing so.

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