Cohabiting Couples

Torres999

My mother has been seeing a man for the last 5 years. He has moved in to our family home and his home is being rented out.

My mother also has other property assets besides this family home.

As I don't trust this man, I want to know if there is any claim that he can have over any of the assets as he has been living here for 5 years. Keeping in mind that he doesn't pay bills or anything.

I know there is something with cohabiting couples but not sure would he have a claim?

Other facts:
1. My mother was left these assets ny my late father
2. My mother has been engaged to this new man for 3 years - Wont be married though

Peregrinus

Yes, is the short answer. He may have a claim.

If they are in an "intimate and committed relationship" and have been cohabiting for five years (or two years, if they have a child together), and if he is not married to anyone else, or has been separated for at least 4 out of the last 5 years then, if the relationship breaks down, either of them can apply to court for the usual array of maintenance orders, property adjustment orders, pension adjustment orders, etc - the same array of orders that they could seek if they were a married couple who were separating. The court can only make an order if it satisfied that there was financial dependence of one partner on the other, but in a cohabitation situation there usually will be. Before making an order, the court has to take into account the financial circumstances, needs and obligations of each partner, the rights of others (including former spouses and dependent children of each partner), the duration and nature of the relationship, the financial and other contributions made by each partner.

The legislation which allows this has only been in effect since 2011 and I don't know if many applications have been brought, or whether there is any established practice on how these powers are exercised by the courts. The courts basically have the same powers as they would have if the couple were married, but it doesn't follow that they will exercise them in the way they would if the parties were married. They may think it is a material factor that an unmarried couple have (normally) never entered into explicit public commitments to support one another financially and materially, and that this something that makes it less likely that financial and property orders will be made, or that any which are made are likely to be on a smaller scale. I don't know.

(PS: If, as you say, your mother and her partner "won't be married", in what sense are they engaged to be married? This may be relevant since an engagement to marry could be seen a a relevant factor in determining what obligations a couple have to support one another.)

Victor

You really need to get legal advice. In particular, find out who was left what and who was statutorily entitled to what, e.g. were the children entitled to some of the properties?

The engagement may bring up other issues.

Uno my Uno.

Peregrinus wrote: »

Yes, is the short answer. He may have a claim.

If they are in an "intimate and committed relationship" and have been cohabiting for five years (or two years, if they have a child together), and if he is not married to anyone else, or has been separated for at least 4 out of the last 5 years then, if the relationship breaks down, either of them can apply to court for the usual array of maintenance orders, property adjustment orders, pension adjustment orders, etc - the same array of orders that they could seek if they were a married couple who were separating. The court can only make an order if it satisfied that there was financial dependence of one partner on the other, but in a cohabitation situation there usually will be. Before making an order, the court has to take into account the financial circumstances, needs and obligations of each partner, the rights of others (including former spouses and dependent children of each partner), the duration and nature of the relationship, the financial and other contributions made by each partner.

The legislation which allows this has only been in effect since 2011 and I don't know if many applications have been brought, or whether there is any established practice on how these powers are exercised by the courts. The courts basically have the same powers as they would have if the couple were married, but it doesn't follow that they will exercise them in the way they would if the parties were married. They may think it is a material factor that an unmarried couple have (normally) never entered into explicit public commitments to support one another financially and materially, and that this something that makes it less likely that financial and property orders will be made, or that any which are made are likely to be on a smaller scale. I don't know.

(PS: If, as you say, your mother and her partner "won't be married", in what sense are they engaged to be married? This may be relevant since an engagement to marry could be seen a a relevant factor in determining what obligations a couple have to support one another.)

+1 Very good post.

I suspect that the OP is wondering if his mother's Fiancé is automatically entitled to half his Mother's house or something similar. The answer to that question is no. However as set out above by the learned Peregrinus he may be able to claim a share through the Courts.

Whether or not he would be successful or how much he might get is a separate question that it is not possible to answer here or without all of the facts. The Court however is guided by the principle of making "proper provision" for the parties involved and considers numerous factors when doing so. You say that this man has a property of his own, I would think the court would place heavy importance on that in the event that they became separated and ended up before the courts.