Ask Experts Questions for FREE Help !
Ask
    SISTERSARE3's Avatar
    SISTERSARE3 Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 19, 2013, 10:01 AM
    Mortgage name change
    I have a friend who has been living with her partner for 10 years and they have two children together but not married. Her partner had just purchased a property so the mortgage was in his name and they initially expected to change this before their marriage and children came along. However they did not get around to doing this and now the relationship has broken down. She has been advised that because her name is not on the mortgage or the deeds that she has no legal right to have any share of the property even if she can evidence that she is on the council tax and has been a resident for the past 10 years. She also has documentation for the life assurance and critical illness which states that they are to be married but not on the mortgage protection. Does she have any right whatsoever to a share of this property legally
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
    Expert
     
    #2

    Aug 19, 2013, 10:44 AM
    Please clarify what country this situation is in (I'm guessing UK?), and if in the US then what state?

    In general her right to any part of the property would be determined by whether her name is on the deed - if not, then she is not an owner. The mortgage really has nothing to do with it. And from the description it seems that the man brought the property into the relationship (I assume that's what you mean by "Her partner had just purchased a property"), therefore in general it is his to keep after the relationship breaks up. If this is in the US then depending on what state it's in there may be an opportunity for her to claim common-law marriage and from that stake a claim to some of his assets. So again - where is this?

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How do I change name on my mortgage [ 2 Answers ]

I was divorce about over 16 yrs ago,I about a house a year after my divorce in my then married name, now I am married for 13years and am trying to change the name on my mortgage from my old name to my present married name.

Name change on deed and mortgage [ 1 Answers ]

OK so I recently helped my mother to buy a house, but since I had a higher credit score and better established credit than her it was recommended that my name goes on the loan, but we are both on the deed. Now I'm going to be moving to another state but she wants to file a quit claim for me to...

Mortgage name change [ 1 Answers ]

My divorce was finalized about 18 mo. Ago. My ex and I owned a house together. My ex signed a quitclaim deed. There is a lien on the house only if I sell which I will not do for quite a while. My ex would like to buy another house and we would both like his name off the house. I do not want to...

Possible to change mortgage co. Without re-fi? [ 4 Answers ]

Does anyone know if it's possible to switch the company that handles my mortgage without refinancing or changing my loan in any way? After Washington Mutual being the handler for a year and a half, they sold it to Wells Fargo. I have had nothing but trouble ever since. WF seems to be...


View more questions Search