Readers' Questions - More breaking up + housing

Dear Mary,
I have lived with my boyfriend for 7 years. In May last year we bought the flat which was worth 55k but got a discount and paid 29k. I want to leave but would I actually be entitled to anything and if so how much? Would one of us have to buy the other out?

I'm guessing that you bought your flat using the 'right to buy' scheme. Under this scheme you can sell up whenever you like, but you will usually have to repay some, or all, of the discount. In fact if you sell in the first year, you will have to repay the full discount; if you sold up after May, you would have to repay four fifths. For more information see the link at the bottom of this page to 'Your right to buy your home'.

Your rights to a share of the profits depends on if your name is on the deeds and how you own the property - as tenants in common or as joint tenants. If the flat is in only one person's name read p. 9 of our Housing & LivingTogether (257 KB). If it's in both names see pages 10 & 11.

I suggest you get advice from a housing adviser to help you work out what is the best deal for you both.
-----------------------------------------------------------------------------------------------------------------------
Dear Mary,
I’ve been living with my girlfriend and our son for 5 years. She bought the flat before I ever met her. I’ve never paid any rent or contributed to the mortgage, but I’ve always paid half of all of the rest of our expenses. I also paid for the house to be decorated and I’ve always done the garden, and put quite of a lot of money into things for it. Now we’re splitting up, I’m not sure where I stand. Am I left with nothing?
Sorry to tell you this, but you won't be automatically entitled to anything. Having said that, you might be able to argue that you should be entitled to a share if there was some kind of unwritten agreement between you (or you had been led to believe) that you would be entitled to part of it. In this case, it will help that you have made a financial contribution like paying for decoration. See page 9 of Housing & LivingTogether (257 KB) for more details.
If you want to consider taking legal action, it is vital you get some advice from a solicitor right away. Probably the best person to speak to is a member of Resolution, a group of lawyers that specialise in family law. Search for your nearest Resolution member by following the link below.
You may also find the Breaking Up checklist (482 KB) helpful. It explains all the things you need to remember when you're going through the big split. It also explains who owns what when you find yourself in your position. Technically, if you bought things for the garden you still own them - so you can take any potted plants or the gnomes with you, whether or not you want them is another matter. Maybe you could ask your ex to buy them off you?