Fair Financial Separation (not married)

Hard_food_for_midas

WillowCat wrote: »

As you were never married (nor in a civil partnership I assume!) you cannot issue a home rights notice.

Your ex partner is correct that what is in her name is hers, and what is in your name is yours, however you may have built up a beneficial interest in her property which is not reflected in the legal title.

If you cannot come to an agreement, with or without mediation, the only option available is court - under the Trusts of Land and Appointment of Trustees Act 1996 (ToLATA). You must take legal advice before embarking on this route as it is typically very costly, and the loser will pay the winners costs (unlike matrimonial law where it is normal for each to pay their own).

There is some information here that may be of use:

http://www.familylaw.co.uk/news_and_comment/recurring-misconceptions-in-tolata-cases#.VxZeMFQrLIU

Thank you Willowcat. Almost a year on and I am ready to make a move. It looks like I need to fill in either an RX1 or an UN1 (I suspect the former from what I have read) to register my interest in the property.

I have read and re-read the link you sent about ToLATA proceedings and it looks as though that is the route I will have to take - unsavoury as that will be. The blog link you sent me has set me off on a route that if my OH refuses to admit what we agreed when we first bought the family home, I have all the risk, don't I?