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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I HAVE BEEN WITH MY PARTNER FOR 3 YEARS AND WE HAVE SHARED

Resolved Question:

I HAVE BEEN WITH MY PARTNER FOR 3 YEARS AND WE HAVE SHARED A HOUSE WHICH IS IN HIS NAME FOR 18 MONTHS I HAVE BEEN GIVING HIM £600.00 PER MONTH TOWARDS BILLS/FOOD, HE HAS KNOW ASKED ME TO LEAVE AS HE HAS FOUND SOMEBODY ELSE. WHAT IF ANYTHING AM I ENTITLED TO, A LOT OF MY FURNITURE HAS ALSO BEEN SOLD AS THERE WASN'T ANY STORAGE SPACE SO IT LOOKS LIKE I AM JUST EXPECTED TO REPLACE THAT AND PAY FOR REMOVAL FEES WHEN I FIND SOMEWHERE TO GO.
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you are married please or if there are any children involved?

Customer:

NO WE ARE NOT MARRIED HE IS DIVORCED AND I AM WIDOWED THERE ARE NO CHILDREN

Joshua :

Thank you.

Joshua :

May I ask the £600 you have contributed was definitely for food and bills as opposed to for example capital payments to any mortgage for example?

Customer:

He always had the money as cash so I have assumed it was just my monthly contribution to the bills etc as he paid for everything through his bank account.

Joshua :

Thank you

Joshua :

On the basis you are not married and are not named on the property deeds unfortunately you have relatively limited rights. Had your payments been capital contributions to the property such as payments towards a mortgage for example or for improvements to the property then this could give you an equity stake in the property however unfortunately contributions towards outgoings do not assist as this does not give you a basis for a claim in the equity in the property.

Joshua :

You are entitled to any assets which belong to you in the property. You are also entitled to reasonable notice to leave the property. This would be at a minimum 28 days but on the basis you can demonstrate that it will take you longer to find alternative accommodation you can apply if necessary for an occupation order which may give you between 3-6 months to continue to live in his property whilst you look for something else.

Joshua :

You can apply for an occupation order to give you a continued right of occupation if necessary using the following form:

Joshua :

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=1117

Joshua :

Is there anything above I can clarify for you any further?

Customer:

I only asked the question really to see if I could have a lever just to get him to contribute towards the "Incidentals" that I am occuring which are all down to him and what he has done. I would never have wanted anything from the value of the property.

Joshua :

Thank you. You have some leverage in that if he wants you to leave you have a right to continue to stay there potentially for a reasonable period of time as above. You could therefore say to him that you intend to exercise these rights and if necessary apply for an occupation order but if he makes some contributions as you wish that you will endeavour to move out earlier.

Joshua :

This may encourage him to make contributions you seek in order to achieve an earlier leaving time for you from the property.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

I am just about to step into a meeting. Is there anything else I can assist you with before I step away?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer:

Thank you for your advice.

Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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