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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34135
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hello, please can you advise me,My cohabiting partner has

Customer Question

Hello, please can you advise me,
My cohabiting partner has left me two weeks ago, we have lived together for 10 years, she moved into my house after my wife left (we are now divorced) taking my now 14 year old daughter with her, for which I pay a child maintenance of £350 per month, this is an agreement between my ex and I.
My cohabiting partner bought a business for £18 after she moved in with me, this company is now estimated to be worth approx £3 million with approx £1 million in retained profits. It took 3 weeks to convince her that the business was worth buying! Which she eventually did. I worked for my cohabiting partner as a consultant for 4 years arranging all of the processes and procedures for her company of some 2000 employees. At the end of this work I was dismissed from her employ, I then remained at home as a house "husband" I cooked 99.9% of all meals! maintained the house and garden to a high standard and supported her in her work, at this time I started a very small business of my own (working from home) restoring furniture. This brings in approx £500 per month on average.
We jointly own the property we live in or lived in, I am now living in this property on my own, my cohabiting partner is paying all bills and mortgage, estimated equity of £220k we also jointly own a flat purchased for my 84 year old mother, total outstanding mortgage is approx £140k on the house which was remortgaged to purchase the flat.
Please can you advise me of what if anything I am intitled to as a seperation settlement.

Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Were Declarations of Trust signed in respect of either property?
Customer: replied 3 years ago.
Sorry I don't know what a declarations of trust is, we jointly own the properties and should one of us die the other partner will take full ownership of the properties, I hope that answers your question.
Expert:  Clare replied 3 years ago.
That is what I needed to know so thank you.
When did you stop working in the business?
Customer: replied 3 years ago.
Approximately 2009 although I have been tasked with two work packages for which I was paid in the last 6 months to review the processes I implemented years ago, I was working as a consultant not on the pay roll.
Expert:  Clare replied 3 years ago.
Sorry - just to check - you were paid for all the work that you did for the company?
Customer: replied 3 years ago.
Yes, I was paid a day rate for all the work I did.

Please can you ask more than one question at a time if that is possible, this is very painful, emotionally.

Thank you for you help

Expert:  Clare replied 3 years ago.
I am afraid that since you are not married the only claim you have is for your share of the equity in the two properties
That share will be 50% since it is clear that no alternative arrangement was ever agreed.
Clearly you will need to negotiate with your ex - possibly using Family mediation- to determine how the properties will be dealt with
I am sorry not to give you better news - please ask if you need further details

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