Woman fails to win a share of home where she lived with former partner - January 2008
A woman has failed to win a share in the home in which she lived with her former partner for 15 years.
The couple were not married but the court accepted that they had effectively lived together at the property as husband and wife. The man owned the house before they met. However, she then moved in and lived there until their relationship broke up 15 years later.
During their relationship she had helped him with his business and eventually became a partner. Their income from the business was used to pay the mortgage and for renovations to the property which they carried out together.
When the relationship ended the woman claimed a share in the property on the basis that there was an understanding between them that they owned the property jointly.
However, the judge ruled that there was insufficient evidence to support her claim. That ruling was upheld by the Court of Appeal which said the fact that money from the couple’s business was used to pay the mortgage was not sufficient evidence to prove that there was an agreement between them that she should have a beneficial interest in the property.
It is not uncommon for financial disputes to emerge when co-habiting couples separate. Many women believe that a couple who live together as husband and wife have a common law marriage which gives them the same rights as a married couple. This is a myth as there is no such thing as a common law marriage.
The Government recently urged co-habiting couples to draw up living together agreements to protect themselves and help to avoid bitter disputes once the relationship ends. Such agreements may not seem very romantic but they can help reduce disagreements and stress. |