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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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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My partner of 19 yrs wants to seperate . We have two children

Resolved Question:

My partner of 19 yrs wants to seperate . We have two children 1 of 19 and one of 12 . I am the sole homeowner and although we have a joint bank account and credit cards , I am and have always been the provider , my wages going into the account and paying for everything. She has however looked after our children and the house while I have worked . I have to sell the house for us to be able to seperate . Does my partner (female) have any rights to the property . I am and will provide for the children still and want to give them a lump sum once the house is sold. Can you advise. Thankyou
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage.
Did you ever discuss what would happen to the house in the event of a separation?
Clare
Customer: replied 3 years ago.
The house is worth 180000 and has 120000 to pay on mortgage plus loans of 20000. No discussions on house just that I pay all the bills and she looks after kids and day to day stuff but no money put in. Never talked of separation this I just happened Friday .many thanks
Expert:  Clare replied 3 years ago.
HI
How much does a cheaper two bedroom property in the same general area cost to buy ?
have you always referred to the house as "mine" or as "ours"
Clare
Customer: replied 3 years ago.
The house has been referred to as mine, a two bed would cost between 150000 and 180000. I have referred to us being a partnership but never quoted money or splits . Many. Thanks. Steve
Expert:  Clare replied 3 years ago.
Hi
Were you planning to offer her anything from the £40,000 equity?
Clare
Customer: replied 3 years ago.
Yes , whatever the final figure I was looking at taking 25000 and giving here 15000 thanks Clare
Expert:  Clare replied 3 years ago.
Hi Steve
From what you have said your partner would struggle to claim that she has a financial interest in your property since she has never made a financial contribution and you never led her to believe that it belonged to both of you.
However as the main carer of the property she could ask the court to make an order allowing her to remain in the property - without you- until the youngest child is 18.
However at that point she would walk away with no money at all.
Your offer is therefor generous - and you could consider discussing it with her using Family mediation - www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
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