# Widow Mary wants boyfriend Joe to leave



## landmarkjohn (24 Oct 2012)

Hi, I am posting this on behalf of a friend.

Mary has been a widow for 15 years. Modest bungalow, no mortgage. Met boyfriend Joe 10 years ago and he moved in. There is nobody else living in the bungalow.

Joe has never contributed or paid any bills.

Mary and Joe both work. Mary is getting tired of Joe and wants rid, but is concerned that Joe may have some claim on the bungalow. Joe is not willing to leave.

Please advise on whether Joe has any claim on the bungalow and Mary's best course of action. Thanks.


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## truthseeker (24 Oct 2012)

If Joe never made any contributions in terms of rent or mortgage or bills then I cant see what claim he would have to the bungalow - see here for some detail on breakdown of relationships and the relatively new Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 which may provide some more info - although I dont know what, if any, parts of it have been tested in the courts yet. That will give you a start point for investigations though.

Unless Joe can prove contributions Id say Mary is fine - obviously, dont take my word, get Mary to speak to a solicitor.


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## WizardDr (24 Oct 2012)

@landmarkjohn
There is a species of estoppel called 'proprietary estoppel'. The jist is if A promises B a right over property; B releies on that promise; A fails to make good on promise; If in the circumstances it would be 'unconscionable' for A to be allowed exit from his or her assurances.

What all this means - is what has your widow friend said or not said to B in this.

There may also be tenancy issues arising here.

Unfortunately all these 'simple' stories have additional facts.

Have you been told everything?


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## landmarkjohn (26 Oct 2012)

I doubt I have been told everything, I will make sure Mary is aware of 'proprietary estoppel' (certainly a new one on me ;->). Thank you and previous posters.

I am interested to hear more opinion or experience.


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## Black Sheep (26 Oct 2012)

And if Mary was in receipt of a widow's Pension (which is most likely) he may have caused her to lose it by the fact of him living there. So the very idea of claiming some rights seems outrageous.  
Perhaps I'm over reacting


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## dewdrop (27 Oct 2012)

In a way i feel a little sorry for Joe. Perhaps he has been a good friend for 10 years and now may be asked to leave.  Maybe i am too sensitive?


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## huskerdu (27 Oct 2012)

cashier said:


> Women don't throw out good men  I am sure she had plenty of reasons to do what she did, the fact that he never contributed a penny towards the household speaks volumns.



Huge sweeping generalisation whch frankly is quite insulting. 

We know nothing about their relationship  except that Mary wants it to end.
Its unfair and completely useless to decide that he is  deadbeat that deserves to be out on his ear. 

They had a relationship and lived together in her house for 10 years. 
She has decided that the relationship is over and has told him to leave. He does not want to leave. That is all we know and gossip is unhelpful to the query. 

In my opinion, Mary needs to tell him to leave and if he refuses, get her solictor involved.


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## foggym (2 Nov 2012)

It may not be as simple as whether or not he has contributed financially.  The 2010 Civil Partnership Act makes provision for other criteria e.g. financially dependent cohabitors
"If a qualifying cohabitant can satisfy the court that he or she is financially dependent on the other cohabitant and that the financial dependence arises from the relationship or the ending of the relationship, the court may order:
That property be transferred from one party to the other
That maintenance be paid,
That a pension adjustment order be granted,
That a cohabitant be provided for from the estate of a deceased cohabitant where one is deceased"

The OP said Joe works so maybe this doesn't apply but the point is the Act broadens the scope under which Joe may have a lien on Mary and her assets. I think she needs legal advice.


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## ajapale (2 Nov 2012)

foggym said:


> I think she needs legal advice.



Yes, she needs to seek advice from her solicitor.


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## Bronte (5 Nov 2012)

cashier said:


> Women don't throw out good men  I am sure she had plenty of reasons to do what she did, the fact that he never contributed a penny towards the household speaks volumns.


 
But she apparently accepted this situation, and let it be so for 10 years.  So surely not a cause of complaint now.  

OP your friend should in the first instance speak to a solicitor.


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