'Does my boyfriend have rights to remain in my house?' - Sital Fontenelle quoted in The Telegraph

29 March 2018

Sital Fontenelle, a partner in Kingsley Napley's family & divorce team, provides insight on rights relating to cohabitation in this article by The Telegraph, which addresses the question "Does my boyfriend have rights to remain in my house?".

Sital comments:

As the legal owner of the home you can withdraw this permission at any time and ask him to leave by giving him a reasonable notice period, said Sital Fontenelle, a partner at Kingsley Napley, the law firm.

Ms Fontenelle said your boyfriend could argue that he has an "interest" in the property based on an agreement you have or had.

F
or example, he might say he redecorated the house at his expense because he believed there was an intention to share the property.

But unless there is a written agreement, or he can prove he made significant financial contributions to the property indicating an interest, his case is unlikely to stand up. And as it is your house, the burden of proof will be on him.

The fact he can't afford to move out and has a daughter does not strengthen his position as you are not married.

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