Property ownership question.

Raymond Lin said:
Errrr, then they are just boyfriend and girlfriend. It's not a civil partnership or husband and wife unless you have a piece of paper to show for it.

Unless things have changed, "Common Law" partnership is a myth.
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Its not an area I'm familiar with but if that's the case, that's the case!
 
Dis86 said:
Its not an area I'm familiar with but if that's the case, that's the case!
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Civil Partnership is a legal term, has pretty much the same effect as marriage. If they merely are living together, then it's just boyfriend and girlfriend living together. The length of time living together does not magically turn them into husband and wife.
 
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Yeah, there's no way to decide this but court or mutual agreement.

What the court decides you'd need proper legal advice to have a clue about. But I'm pretty sure her death would make no difference, her property is then passed to her estate it won't default to your dad unless otherwise stated.
 
Dis86 said:
Easy answer is get legal advice but wondering if anyone here has a clue on this?

Father and partner have separated. They have joint ownership of a property. She has no children. I'm my father's only child. In the event that she passes does the property automatically revert to his sole possession? In the event that he passes is the same true or does his share revert to me as beneficiary of his will?

Unlikely to hit this stage as he's basically declared he wants his share which afaik means she either has to buy it out or sell?

All in all very messy and it's a shame as it's a lovely property which I know is very dear to her. Considering buying out his share my self but that causes potential headaches further down the line if she leaves it to her family/friends as I'd then have to buy them out etc.
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It's beyond the scope of the forum. It entirely depends on how they bought the property. Who signed what, who paid for what, and so on. Other factors are such as he moved out when they broke up. The first place to start would be to fork out £20 (I think it is) to find out who actually owns the property.
 
SpellowHouse said:
It's beyond the scope of the forum. It entirely depends on how they bought the property. Who signed what, who paid for what, and so on. Other factors are such as he moved out when they broke up. The first place to start would be to fork out £20 (I think it is) to find out who actually owns the property.
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Basically everything has been a 50/50 split until he left. She has paid for repairs and extensions since then.
Speaking to them last night they both believe its tenancy in common.
 
Marriage and civil partnerships do not necessarily mean property vests in one and another. It’s all down to whether it is held as joint tenants (as the term suggested jointly owned) or tenants in common - split shares. If you’re married and hold the property as tenants in common 80/20 that is a clear indication of the parties intention not to hold the property in joint shares.

There are rebuttable presumptions for commercial and family arrangements, but ultimately the right is stated in the title documents to the property. If it’s anything other than joint tenants the title will have a sole proprietor restriction on there. You can obtain a copy for (I think £3 on HM Land Registry.

Irrespective of all of the above any children mess this all up even when the wife (or unmarried spouse) is not on the title.
 
Shoza said:
It depends whether they bought as joint tenants or tenants in common. If joint tenants they equally share the whole of the property. If one were to die the whole of the property goes to the other irrespective of any Will stating otherwise.
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+1 to this, also If I am not mistaken it can be changed from joint tenants to tenants in common after the fact (post property purchase).
 
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