A bit of a cunt way to set it up - so some trust issues (proved correct) right there.
but why should she get half the house after 36 months of living in it just because they've split up?
(waxdart hello., Wed 27 Oct 2010, 14:35, 2 replies)

^^ This.
What legal precedent is this following? He had no reason to be fearful of his property. At the most, she'd be entitled to a % of it, if she did work on the house or paid off any of the mortgage. I don't know of any 'we've been together 4 years so.. YOINK!' law though. That's what marriage is for, like.
( SigmaX0 Dear Die Hard. You rock!, Wed 27 Oct 2010, 14:41, closed)

I think after living together for 7 years
she would have become his 'common-law' wife and would have been entitled to half of everything. Can anyone confirm this?
(Reverend Fister "a disciplined fuckwit", Wed 27 Oct 2010, 14:49, closed)

doesn't exist any more. hasn't for ages.

( janet aylia y'all motherfuckers need jesus, Wed 27 Oct 2010, 15:01, closed)

Wikipedia (far more accurate and up to date than my law degree) agrees
en.wikipedia.org/wiki/Common-law_marriage
( SigmaX0 Dear Die Hard. You rock!, Wed 27 Oct 2010, 15:03, closed)

I think this might cover it...
'if you buy something but say to your partner 'this is yours' or 'this belongs to both of us' a court can later regard you as having created 'a trust' and can hold you to that promise. Or you may be regarded as having created a trust by implication - this means that what you had said or done led to the conclusion that something you bought is shared or given to your partner.'

I suspect she could argue that he had said it was 'their' house etc...
( Mr Nerdy-Speccy-FuckNuts Ouchy ouchy wa wa!, Wed 27 Oct 2010, 14:49, closed)

Sounds about as flakey as eczema in a blender.

( SigmaX0 Dear Die Hard. You rock!, Wed 27 Oct 2010, 15:04, closed)

You can try that but having been on the recieving end of a similair tactic its not an easy one to argue and you may just end up making the lawyers money more than anything.
(Quinch, Wed 27 Oct 2010, 18:24, closed)