Desperate Help - Can he take my House, my Rights?

AnnieO1234

You may be able to register your beneficial interest in the property but you will need the assistance of a specialist family law solicitor. Don't be afraid by high charging rates, most experienced solicitors at partner level are reasonable in their charging. It's only the young, inexperienced ones who charge for every last word. Xxx

Homeownertobe

pinkshoes wrote: »

As above, you cannot afford NOT to take legal advice here.

As you have been living as man and wife, have given up a career to raise children, and wold have no doubt otherwise owned your own home, you're are entitled to a share.

Getting the share however, given you are not married, will make it much harder.

How much is the house worth, how much was it worth when you moved in, and how much mortgage remains?

For now, just stay put. I would not go moving the new man in though!!!

As you are in a new relationship, if it gets to the point of moving in together,then this man will have to support you AND the kids.

Ideally you would move out, let him have his house back, then start by sending a letter asking for half the increase of equity since you moved in.

You CAN represent yourself at court, and the initial fees are minimal depending on the amount you are claiming.

Just to correct this false information - there is no such thing in UK law as 'living as man and wife' unless the couple in question are married.

None. Nada. Nothing.

pinkshoes

Homeownertobe wrote: »

Just to correct this false information - there is no such thing in UK law as 'living as man and wife' unless the couple in question are married.

None. Nada. Nothing.

???????

I Didn't mention a law...

I just stated that they were living as man and wife, which they were. The court would take this into consideration.

duchy

dziet wrote: »

I
We have never married, got engaged several years ago but I never wanted to.

Obviously marriage would have given you the security and rights you now are looking for. Why didn't you want to get married ?

I do think a lot of people seem to assume just living together will give the same rights and security as if they were married and "it's just a piece of paper". As you are discovering it isn't the case.

I do agree you need proper legal advice -even if you ultimately choose to represent yourself . You really can't afford not to.

If he's going for having the children overnight more often this is likely to be with the result that he will be paying less child support once the house situation is settled. It would make more sense for you to not facilitate this by doing "his" school runs if possible. If he wants them more often then surely this is part of having them ?

Marvel1

Maybe he is thinking he does not want another man living in his house that he is paying for with a mortgage.

dziet

Not moving in with new guy, just a new relationship, he has kids too. That's a way down the line. I am primary carer, kids need their home, I feel, and he I think is using his financial clout to bully me in his fit of pique. Just need to know my rights, if I walk away with nothing, fine, I am out of a horrible relationship. But my kids need to be ok and what he is threatening I think will be detrimental to them.

Guest101

dziet wrote: »

Not moving in with new guy, just a new relationship, he has kids too. That's a way down the line. I am primary carer, kids need their home, I feel, and he I think is using his financial clout to bully me in his fit of pique. Just need to know my rights, if I walk away with nothing, fine, I am out of a horrible relationship. But my kids need to be ok and what he is threatening I think will be detrimental to them.

... Have you actually read the replies?

You will, probably, be owes some money from the value of the property.

But that gives you the same rights as the mortgage lender ( I'm simplifying it ).

He doesn't appear to be making threats as such, it's his property. If he wants you out, it's really as simple as giving you some notice and then changing the locks.

No point saying his actions are detrimental, when yours are just as much.

You are entitled to be in a relationship- absolutely.
He is entitled to his property back - absolutely.

The sensible thing for the children would be agreeing a payment to you for your share, and you finding somewhere new to live using that money.

dziet

Also, to clarify, I am paying 60% of the mortgage and have been since he moved out. He pays the mortgage by standing order however I transfer that amount to him by standing order - there is an audit trail of this agreement. I pay all bills in the house, utilities, everything - these are all in my name.
He pays me child maintenance of an amount agreed well before we separated based upon what we both felt was fair at the time, out of this I pay for all school trips, kids clothes, everything. When we separated I did the calculator and he is paying slightly more than he would have to, which I told him last year, and asked if he wanted to drop the amount down - he said no it was fine, he can afford.
Thank you for all advice thus far.

dziet

Sorry guest 101 yes I have read all the replies and all makes sense - his actions and aggression and threats, which I haven't detailed, are and have been detrimental to children. I simply need to understand my rights, as cannot afford to throw a lot at solicitors, but from the advice here have made an appointment as it appears sensible.

Guest101

dziet wrote: »

Sorry guest 101 yes I have read all the replies and all makes sense - his actions and aggression and threats, which I haven't detailed, are and have been detrimental to children. I simply need to understand my rights, as cannot afford to throw a lot at solicitors, but from the advice here have made an appointment as it appears sensible.

Great. But don't spend too much time and money on it.


There's absolutely no benefit to doing this unless you want to move.


Because if you do this, his next step will be his own solicitor, followed by notice.