Separation after Co-habitation and entitlements

skint-student-nurse

Hi all,

I separated from my ex a while ago, we have one child together. The property we lived in together was in his name but I paid all bills (council tax,utilities,child care, groceries,etc) so he effectively just paid the mortgage and for the upkeep of his car. I moved out due to the concern of violence and took our daughter with me.

Time has passed and he is now selling the property we had together. I redecorated it and furnished it and did not get any of the furniture and many personal effects back despite asking for it. I was paying all bills for a few months after moving out and bailed him out a lot as his social life and interests were leaving him short every month. My mum has advised that I should seek a share of the property as it is being sold and for my possessions that have - according to his wife - been disposed of despite me asking for them back numerous times. My brother thinks that I should just walk away and leave things as they are. My mum has also said there is something I can apply for in order to protect my child's interest in the property. My ex still has the property in his name only, his wife is not listed on the deeds.

We were together for just shy of six years, and were engaged. I moved out and his now-wife moved in about three days later - say no more. Child maintenance has been dealt with.

I would appreciate advice from any one who has been in a similar situation.

Thanks

McKneff

See a solicitor. They mostly offer half an hour free

Tigsteroonie

Walk away.

Unfortunately there are not courts and procedures for those who were not married; so your only hope of reaching any kind of financial settlement would be through negotiation. That would rely on bank statements, evidence of who paid for what in terms of the redecoration, and gets very petty. I doubt you would get far without a solicitor, and that would cost more than you'd benefit.

As for paying bills after you had moved out ... why??? You had the option to refuse.

Diary

skint-student-nurse wrote: »

Hi all,

I separated from my ex a while ago, we have one child together. The property we lived in together was in his name but I paid all bills (council tax,utilities,child care, groceries,etc) so he effectively just paid the mortgage and for the upkeep of his car. I moved out due to the concern of violence and took our daughter with me.

Time has passed and he is now selling the property we had together. I redecorated it and furnished it and did not get any of the furniture and many personal effects back despite asking for it. I was paying all bills for a few months after moving out and bailed him out a lot as his social life and interests were leaving him short every month. My mum has advised that I should seek a share of the property as it is being sold and for my possessions that have - according to his wife - been disposed of despite me asking for them back numerous times. My brother thinks that I should just walk away and leave things as they are. My mum has also said there is something I can apply for in order to protect my child's interest in the property. My ex still has the property in his name only, his wife is not listed on the deeds.

We were together for just shy of six years, and were engaged. I moved out and his now-wife moved in about three days later - say no more. Child maintenance has been dealt with.

I would appreciate advice from any one who has been in a similar situation.

Thanks

Why were you paying your ex boyfriend's and his then girlfriends bills? I'm struggling to think of any plausible explanation as to why. Your solicitor will want to know, and/or your ex boyfriends solicitor will want to know.

Trying to register an interest in your ex boyfriends property for your child will be very costly and normally get no-where.

Jackieboy

skint-student-nurse wrote: »

Hi all,

I separated from my ex a while ago, we have one child together. The property we lived in together was in his name but I paid all bills (council tax,utilities,child care, groceries,etc) so he effectively just paid the mortgage and for the upkeep of his car. I moved out due to the concern of violence and took our daughter with me.

Time has passed and he is now selling the property we had together. I redecorated it and furnished it and did not get any of the furniture and many personal effects back despite asking for it. I was paying all bills for a few months after moving out and bailed him out a lot as his social life and interests were leaving him short every month. My mum has advised that I should seek a share of the property as it is being sold and for my possessions that have - according to his wife - been disposed of despite me asking for them back numerous times. My brother thinks that I should just walk away and leave things as they are. My mum has also said there is something I can apply for in order to protect my child's interest in the property. My ex still has the property in his name only, his wife is not listed on the deeds.

We were together for just shy of six years, and were engaged. I moved out and his now-wife moved in about three days later - say no more. Child maintenance has been dealt with.

I would appreciate advice from any one who has been in a similar situation.

Thanks

You may have been in a relationship for 6 years but it was less than 2 years ago that you were posting about leaving your rented home so, if you separated a while ago, you weren't living together for all that long.

https://forums.moneysavingexpert.com/discussion/comment/67776990#Comment_67776990

[Deleted User]

As a live in gf with chiild myself who didn't have their name on the mortgage but did work (I'd only just started the job at the time), I contributed more than 50% of the running costs of the house (I bought food and paid bills which came to more than the mortgage), I was told by a solicitor it would be a long and expensive court battle and I'd be very lucky to get even 25% of the house value. And I probably wouldn't.

So I walked away and got on with building a new life, free of that hassle. To be a victim, I'm afraid you've got to agree to be one.., to a degree. Just forget it and concentrate on your new life, making it much better than what you had with him.

If you had been renting, you would have walked away with nothing.., I assume you didn't have to pay rent. You did get a house to live in for paying the bills. Presumably you decorated it because you wanted it to look nice for you. Its not 'lost' money.

FBaby

Are you trying to claim for a house you shared with your ex years ago? You might have a case or not. What you need to consider though is if it is worth pursuing. Unless you can convince him to give you something, you'll have to take him to court and that will costs much money. The last thing you want is to end up having to pay to take him to court more than what you could be entitled to.

You really need professional advice.

Mojisola

skint-student-nurse wrote: »

My mum has also said there is something I can apply for in order to protect my child's interest in the property. My ex still has the property in his name only

Your child doesn't have any interest in his/her father's property.

When the man dies, there may be some inheritance to be claimed but that will depend on the age of the child and whether a will has been left.

Now that he is married, it doesn't matter that the house is only in his name. If he divorces, the property will be included in the financial settlement.

rpc

You didn't own the property, and your contributions were only to the living costs, not the mortgage.

So any chance at a claim would be hard to prove and expensive. You don't own it, hard to claim you have an interest.

Write off your losses, don't make the same mistake again.

His wife will have an interest in his assets because they are married, you never married so his assets remain exclusively his.

Your assets are a different question, but what can you prove? If you have receipts to show ownership then you could claim the items or their second-hand value.

pinkshoes

Forget your contributions to the running costs, as these were just expenses. He was clever enough to not let you pay the mortgage!

As for you paying the bills after you moved out, well that is just daft!

Furniture and personal stuff are something you CAN claim for, provided you have PROOF of ownership. If you can provide the receipts, then work out what he still has, draw up an itemised list, and if he has got rid of any of this stuff, then write down how much it will cost you to replace it LIKE FOR LIKE.

(e.g. don't claim for a new £2000 sofa when you can get a second hand one for £200).

You can then send him a letter before action giving him 14 days to return the items on the list (send a copy of the receipts) or pay you £X for them to be replaced (show him evidence of cost of replacing) otherwise you will take him to court for the amount.

Kynthia

You left yourself vulnerable by not being married or having assets in joint names. Marriage is protection and people who live together as a couple without it need to know what protections and rights they are missing out on. It's not just breaking up that can lead to one losing out but also if one of you should die. Not all pensions pay out to an unmarried partner and legally you aren't each other's next of kin, a property and money not in joint names will be distributed according to the will and many don't have one naming their partner which causes difficulties and can mean losing their home.

There aren't courts for 'living as married but not' people so if you can't negotiate then you need to sue. Courts award based on law and not fairness so you can only get a share of the property if you can show you paid for it or were promised it (look at the specifics of beneficial interest). Paying for other things like bills instead doesn't count. If your belongings were taken and sold you will need to give some proof of this and waiting years won't look good. Legal advice is advised but go with all your evidence so tge solicitor can give you an informed opinion of your chances.