Separating with only partner's name on mortgage.

Robroy79

I think the post was more a reference to my acceptance of my partner's demand e.g. that I'm probably not recognising that she is not being "fair".

Shaztastic3000

tacticalbanjo said:

Unless you are successful in a claim for beneficial interest, your partner would have to pass you the grand sum of diddly squat. If your partner can't work then she would quite frankly be daft to give up any equity. Consult independent legal advice at the first opportunity.

Unlikely to go to heaven if she screws the OP over

pbartlett

the property is entirely hers and since you are not married you have zero equity in it.

simplest and probably best that you just walk away - you effectively rented for 11 yrs.

if you feel you are owed some money for your contributions then come to an agreement with your ex. Failing that, go to court and ask the judge.

Thrugelmir

Robroy79 said:

Would it be wise to have a Deed of Trust signed (that recognises my interest) or a Cohabitation Agreement that would also recognise my contribution? 

What's the likelihood of your ex partner agreeing to even discuss such requests?  You cannot impose these unilaterally. Your partner would also need to employ her own solicitor for which there doesn't seem any money to fund. 

Thrugelmir

Lover_of_Lycra said:

Thrugelmir said:

Robroy79 said:

My partner's idea is that she moves out, and I stay in the property. She would move in to a rental and I would pay for this, I would also continue paying her mortgage on the property she owns and remain there while I try to sell it 

Suggest that you move out .  As this proposal is entirely at your expense. You've no entitlement to any of the proceeds from the sale. 

I think the OP has a good shot at claiming a beneficial interest in the property should that be something the OP wants to do. 

Courts don't arbitrate. They rule on points of law. 

[Deleted User]

Thrugelmir said:

Lover_of_Lycra said:

Thrugelmir said:

Robroy79 said:

My partner's idea is that she moves out, and I stay in the property. She would move in to a rental and I would pay for this, I would also continue paying her mortgage on the property she owns and remain there while I try to sell it 

Suggest that you move out .  As this proposal is entirely at your expense. You've no entitlement to any of the proceeds from the sale. 

I think the OP has a good shot at claiming a beneficial interest in the property should that be something the OP wants to do. 

Courts don't arbitrate. They rule on points of law. 

Laws like section 14 of the Trusts of Land and Appointment of Trustees Act 1996?

[Deleted User]

pbartlett said:

the property is entirely hers and since you are not married you have zero equity in it.

simplest and probably best that you just walk away - you effectively rented for 11 yrs.

if you feel you are owed some money for your contributions then come to an agreement with your ex. Failing that, go to court and ask the judge.

This is incorrect and bad advice. The OP can seek a beneficial interest for the contributions he has made over many years. 

Daily we see posters being told “ dont let your partner move in and pay towards the mortgage - in case they generate a beneficial interest” ! 
Here there is a prime facie example of a long term beneficial interest being gained. OP definitely needs specialist advice from a solicitor specialising in this area who will run the figures, not a bunch of forumites who do not have all the facts