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Was with partner for 3 years separated two days he owns the flat asked me to leave have nowhere to go; do I have any rights?

April 26, 2021

1.33K viewsOdds and Ends

We will assume from your question that you are not married to your partner, but rather were living together in a common-law relationship.  Unlike those in a legal marriage, you do not have rights in the home that your former partner owns, even though you lived there together during the relationship. Unfortunately you also do not have the right to remain in the home (If he has asked you to leave) nor to make legal claims for any of the value as a married spouse would.

(The possible exception is where you can prove that during the course of your time together, you invested your funds or a significant amount of your time to maintain or improve the home.  In that case – and assuming it rises to the point of there being an unjust enrichment to your former partner – then you may be able to make a claim for what is known as a “constructive trust”.  However, this will involving applying to court for an order, and would take time to establish through the legal process.  If you are successful, the result would be a monetary remedy only; you would still not be able to stay).

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