Separating need financial help

onwards&upwards

Comms69 said:

onwards&upwards said:

Comms69 said:

onwards&upwards said:

Your partner is wiling to put his disabled child on the street?

I think you need to see a solicitor, if you've been living as a family for 14 years you may have a beneficial interest in the house, and it may partly belong to you now so he can't just throw you out. 

Having a beneficial interest conveys no ownership rights. 

What's your advice?

No advice

Of course not. 

OP, definitely speak to a solicitor you can get a few half hour with most. 

Comms69

onwards&upwards said:

Comms69 said:

onwards&upwards said:

Comms69 said:

onwards&upwards said:

Your partner is wiling to put his disabled child on the street?

I think you need to see a solicitor, if you've been living as a family for 14 years you may have a beneficial interest in the house, and it may partly belong to you now so he can't just throw you out. 

Having a beneficial interest conveys no ownership rights. 

What's your advice?

No advice

Of course not. 

OP, definitely speak to a solicitor you can get a few half hour with most. 

Oh do yourself a favour and get a grip. You provided wrong advice, just edit your post and be done with it. honestly you're really being quite unhelpful to the OP

onwards&upwards

https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest


"If a non-owning cohabitant can show that s/he has a 'beneficial interest' in the family home, s/he may have a right to occupy the home and/or a right to a share in the value of the property. Establishing a beneficial interest may also give the non-owning cohabitant a defence to any action taken by the owner to evict her/him and give her/him rights that s/he would not otherwise have in regard to occupation orders (see the page on Eligibilty to apply for details) and long-term rights to the home. "

That strikes me as pretty useful information for the OP and something it is worth her looking into, regardless of my very slight mistake in terminology. 

Whereas you seem to patrol these forums looking out for any tiny error in other people's post so that you can look clever by pointing it out, but never seem to actually want to help anybody.  Maybe ask yourself why you want to spend your time behaving like that?

Comms69

onwards&upwards said:

https://england.shelter.org.uk/legal/relationship_breakdown/cohabiting_couples_sole_owner/rights_to_occupy_the_home/beneficial_interest


"If a non-owning cohabitant can show that s/he has a 'beneficial interest' in the family home, s/he may have a right to occupy the home and/or a right to a share in the value of the property. Establishing a beneficial interest may also give the non-owning cohabitant a defence to any action taken by the owner to evict her/him and give her/him rights that s/he would not otherwise have in regard to occupation orders (see the page on Eligibilty to apply for details) and long-term rights to the home. "

That strikes me as pretty useful information for the OP and something it is worth her looking into, regardless of my very slight mistake in terminology. 

Whereas you seem to patrol these forums looking out for any tiny error in other people's post so that you can look clever by pointing it out, but never seem to actually want to help anybody.  Maybe ask yourself why you want to spend your time behaving like that?

Im not going off topic for the sake of the OP. There was little to add to the advice already given, just one thing to correct. Once the OP returns with more questions, i'd be happy to fill in any of the gaps. 

samp87

i really dont want it to get messy i seriously haven't the strength for it, but mayb i need to look in to my rights as i thought because i havent financially contributed that i had no right, plus im not on the mortage🤯😢

onwards&upwards

samp87 said:

i really dont want it to get messy i seriously haven't the strength for it, but mayb i need to look in to my rights as i thought because i havent financially contributed that i had no right, plus im not on the mortage🤯😢

You have financially contributed, you have raised three children, do you have any idea how much that saves in childcare?  You've raised his children and (presumably) looked after his house and done his cooking and cleaning so that he is free to go out and earn without having to worry about all that stuff! 

pphillips

onwards&upwards said:

samp87 said:

i really dont want it to get messy i seriously haven't the strength for it, but mayb i need to look in to my rights as i thought because i havent financially contributed that i had no right, plus im not on the mortage🤯😢

You have financially contributed, you have raised three children, do you have any idea how much that saves in childcare?  You've raised his children and (presumably) looked after his house and done his cooking and cleaning so that he is free to go out and earn without having to worry about all that stuff! 

Except they are not married, so no beneficial interest can arise from looking after the children or doing housework.
Financial contributions can only count for something  if they are towards the purchase price, mortgage or home improvements.

onwards&upwards

pphillips said:

onwards&upwards said:

samp87 said:

i really dont want it to get messy i seriously haven't the strength for it, but mayb i need to look in to my rights as i thought because i havent financially contributed that i had no right, plus im not on the mortage🤯😢

You have financially contributed, you have raised three children, do you have any idea how much that saves in childcare?  You've raised his children and (presumably) looked after his house and done his cooking and cleaning so that he is free to go out and earn without having to worry about all that stuff! 

Except they are not married, so no beneficial interest can arise from looking after the children or doing housework.
Financial contributions can only count for something  if they are towards the purchase price, mortgage or home improvements.

This is what it says on the Shelter page I linked to:  

“ For example, if, after discussions with her partner and reassurances from him that he would always look after her, a woman gave up a secure tenancy and her job in order to live in his house and care for his children from a previous relationship so that he could start a new business, and she paid the bills while money was tight, this could be found to be a constructive trust. This means that even if the non-owning cohabitant has not contributed in financial or equivalent terms to the purchase, s/he may still be able to establish a beneficial interest.”

I think it’s got to be worth 30 minutes with a solicitor.

samp87

Thankyou so much for your help 

pphillips

onwards&upwards said:

pphillips said:

onwards&upwards said:

samp87 said:

i really dont want it to get messy i seriously haven't the strength for it, but mayb i need to look in to my rights as i thought because i havent financially contributed that i had no right, plus im not on the mortage🤯😢

You have financially contributed, you have raised three children, do you have any idea how much that saves in childcare?  You've raised his children and (presumably) looked after his house and done his cooking and cleaning so that he is free to go out and earn without having to worry about all that stuff! 

Except they are not married, so no beneficial interest can arise from looking after the children or doing housework.
Financial contributions can only count for something  if they are towards the purchase price, mortgage or home improvements.

This is what it says on the Shelter page I linked to:  

“ For example, if, after discussions with her partner and reassurances from him that he would always look after her, a woman gave up a secure tenancy and her job in order to live in his house and care for his children from a previous relationship so that he could start a new business, and she paid the bills while money was tight, this could be found to be a constructive trust. This means that even if the non-owning cohabitant has not contributed in financial or equivalent terms to the purchase, s/he may still be able to establish a beneficial interest.”

I think it’s got to be worth 30 minutes with a solicitor.

We don't know what promises were made to the OP, I think their circumstances are more likely to be akin to those in Burns v Burns: https://www.lawteacher.net/cases/burns-v-burns.php