Cohabiting separation financial advise

GoldeH1977

I have recently separate from my partner of 23 years. We have 2 children together & my name was never put on the deeds of property.
Please does anyone have any advise how I can claim a share ??

Mojisola

GoldeH1977 wrote: »

I have recently separate from my partner of 23 years. We have 2 children together & my name was never put on the deeds of property.
Please does anyone have any advise how I can claim a share ??

Did you pay towards the mortgage?

onomatopoeia99

Was there a common intent, understood by you both, that any "rent" you paid or contributions to household maintenance, decorating etc would lead to you gaining a beneficial interest in his property?


Ultimately, you'll need to pay a solicitor if you want legal advice.

GoldeH1977

There was no mortgage & he told me many times, not to worry as it is half mine

calleyw

GoldeH1977 wrote: »

There was no mortgage & he told me many times, not to worry as it is half mine

Never believe what people say. You should have pushed to be put on the deeds. Now its all too late. Did you pay towards anything such as decorating etc? If not then I think you are going to be left with nothing. Go and find a solicitor that gives a free half hour and have a chat. to find out for sure.



There still seems to be this idea that people get that when you have lived together for say a couple of years it a common law marriage. Does not exist and has no legal standing. You never want to think bad of your partner. But male or female you need to protect yourself when you live with someone else in their home.






Have a read of these links.



https://www.thisismoney.co.uk/money/guides/article-2650606/What-money-rights-unmarried-couples-break-up.html


https://www.howellslegal.co.uk/news/post/FAQ-Series-Is-my-partner-entitled-to-half-my-house


http://www.terry.co.uk/cohabs02.html


https://www.choose.co.uk/guide/financial-rights-for-unmarried-couples.html


https://www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/




Yours


Calley x

C_Mababejive

GoldeH1977 wrote: »

There was no mortgage & he told me many times, not to worry as it is half mine

That old line !

Google TOLATA and have a good read...


https://www.familylaw.co.uk/news_and_comment/everything-you-always-wanted-to-know-about-tolata#.W9WxmrV4rIU

GoldeH1977

Thanks for your quick response. I forgot to.say we were engaged & he's never called that off.
Plus do you know what an arbitrator is??

Candyapple

Are you still amicable with your ex? What has he said regarding this?

Being engaged has no bearing with regards to entitlement legally. Basically it means nothing.

Arbitration is a form of alternative dispute resolution - a way to resolve disputes outside the courts.

pphillips

Candyapple wrote: »

Being engaged has no bearing with regards to entitlement legally. Basically it means nothing.

Incorrect, it means that section 2 of the Law Reform (Miscellaneous Provisions) Act 1970 applies and can be used instead of a TOLATA claim - the OP should use whichever would be the more advantageous.

TBagpuss

Candyapple wrote: »

Are you still amicable with your ex? What has he said regarding this?

Being engaged has no bearing with regards to entitlement legally. Basically it means nothing.

Arbitration is a form of alternative dispute resolution - a way to resolve disputes outside the courts.

this is not true.
Being engaged can be legally relevant but you do need to act fairly promptly, as the options it gives are time-limited.

OP, you need to talk to a solicitor as the chances of you being able to make a successful claim in relation to the property will depend very much on the specific fact of your case, and how many of them you can prove.

GoldeH1977

I also have 2 children with him. One which is 14 & has disabilities.
We are not amicable & he did not attend mediation which I arranged.