What should I do?

Esbee_2

I have been living with my partner for over twenty years and recently she told me she wants a separation and for me to move out.
We have two grown up children who have moved out and the only asset that is in joint names is the house we live in, the mortgage has been paid off.
My partner was the bread winner throughout the relationship, I stayed at home and looked after the children. This was always a challenge for me as I have battled with severe depression throughout my life and have spent most of our relationship registered disabled due to the severity of it at times.
I am now being pressured by my partner to sign over my half of the house to her as it’s not fair me being on it and it makes her resentful.
I have recently signed on to jobseekers allowance and will most likely have to leave the house soon.
My concern is when I sign everything over and move out I will be homeless with no savings or assets, Will I be deemed to have made myself intentionally homeless?
Any advice would be appreciated as I am having real problems concentrating and seeing things clearly at the moment due to the stress of it all

Arkers

Hello, If the house is in joint names then you own half each, if the ownership is tenants in common then you own whatever that % may be. I think that there are those who know a lot more re separation/divorce. I think you should post this on the marriage/family relationship board for further help.
Please don't rush into anything before considering appropriate advice.

G_M

Do not agree or sign anything till you have either received proper advice and/or fully understand your rights, and the implications of whatever you are asked to sign.

The property is in joint names, so unless it is held as 'tenants in common', you each own half. When it is sold, you should each get half.

Make sure a solicitor does the conveyancing for any sale, and make sure that solicitor understands that you expect to receive half the money,

The fact that your partner was the bread winner is irrelevant - you contributed by raising the children (thus freeing her up to go to work). It is/was your home for 20 years. You should get half the cash if the house is sold.

If she intends to continue to live there and expects you to move out, she should buy your half. Get the house valued and offer to sell your share to her for half the valuation.

If she does not have the money, suggest she either gets a mortgage to pay you with, or you jointly sell and take half each.

As a last resport, you could go to court and get a court order for the house to be sold (and the money split) even against her wishes - but this could be expensive stressful and slow.

Zyx

G_M, he contributed by raising children? I don't think this will be very helpful as you do not need your children supervised at all times to work.
He only saved her a bit of money by supervising the children when they were at a young age. I am certain that it depends on who paid how much for the mortgage but as people have said you should seek legal advice.

I am also positive that if you sign the house to her you will be seen as having made yourself homeless intentionally.

Pixie5740

Raising children is hard work. I've babysat a few times and it is a a lot more exhausting than my day job. Silence is golden.

What the OP is entitled to depends on how the property is owned and if there is a Deed of Trust. I echo others who have said you should seek legal advice before signing anything.

[Deleted User]

Agree totally. The relationship may have broken down, but both parties need to find a fair and equitable way of ending the relationship. Having one partner, after such a long time, just signing over their half of the house, is not fair nor is it equitable. I agree that while the OP may not be able to see this, looking after the children is certainly a 'worthy' thing.., and deserves some equity, regardless of the other party's earnings. The OP has most definitely contributed to the family.

I hope the OP does seek legal advice. Or consults citizen's advice.

BlaEm

Zyx, what a strange thing to say! When you are in a long term partnership contributing isn't just about the money. Would you say the same if it was a stay-at-home mother being asked to leave with nothing?

OP I'm really sorry you're in this situation, I know it must be difficult - I can only reiterate what others have said about seeking proper legal advice to make sure your share of joint assets are protected. You are just as entitled as your partner to remain the house; her new found resentment at being the breadwinner after 20 years does not override your rights.

TBagpuss

OP, the key here is that the house is in joint names. In the absence of a joint intention or agreement to the contrary, the presumption is that you are entitled to half of the value of the house (assuming you hold as joint tenants) or whatever % was specified in the declaration of trust if you own as Tenants in Common.

If you cannot agree, then you can go to court to seek an order ofr sale and for the court to determine what shares you should each have in the property. The fact that your partner was the main breadwinner would not mean that she was automatically entitled to a larger share of the property - she would have to satisfy the court that there had been a **joint** understanding or expectation that she would have a greater share.

You don't have to leave the house - you have as much right as she does to be there.

How much is the house worth? If it were sold, would there be enough to enable you to rehouse yourself? (either outright, or in a shared ownership property)
If your partner can buy you t by raising a mortgage in her sole name for half the value of the property then he property could be signed over to her, but if not, it may be necessary for the property to be sold so you can each get what you are entitled to.

Guest101

Esbee wrote: »

I have been living with my partner for over twenty years and recently she told me she wants a separation and for me to move out.
We have two grown up children who have moved out and the only asset that is in joint names is the house we live in, the mortgage has been paid off.
My partner was the bread winner throughout the relationship, I stayed at home and looked after the children. This was always a challenge for me as I have battled with severe depression throughout my life and have spent most of our relationship registered disabled due to the severity of it at times.
I am now being pressured by my partner to sign over my half of the house to her as it’s not fair me being on it and it makes her resentful.
I have recently signed on to jobseekers allowance and will most likely have to leave the house soon.
My concern is when I sign everything over and move out I will be homeless with no savings or assets, Will I be deemed to have made myself intentionally homeless?
Any advice would be appreciated as I am having real problems concentrating and seeing things clearly at the moment due to the stress of it all

Ah, no.

Dont do it.

Why should you walk away 20 years on with nothing.

You were a family, with a joint income. Regardless of who earnt more. You are entitled to upto half.

DO NOT MOVE OUT. SIGN NOTHING.

and stop pleasing someone who doesnt want to be with you and is happy to see you on the street.