How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My partner and I were together 17 years and had 2 children

Customer Question

My partner and I were together 17 years not married and had 2 children in 2010 we split up he moved out and rented for a few months then told me we would have to move out as he was selling and would give me 125k to buy a property. We did move out and into a property he mortgaged and I was told he'd put 75k I'm the property for me not 125k he has since told me if I don't pay him rent I will not have any money when I need to leave when the kids leave home! I was with this man for 17 years stayed home to bring up our children and still doing so but he's told me I'm entitled to nothing from him is this true?
Lisa
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
What financial contribution have you made to any of the properties?
Was the promise to give you £125 ,000 made in front of witnesses
Clare
Customer: replied 2 years ago.
Hi Clare
The promise was not made in front of witnesses no my ex was very clever, same with the properties his house was in his name only so were all the bills and that's the way he preferred it, the property I'm in now is all in his name but I do pay all the bills.
Lisa
Expert:  Clare replied 2 years ago.
Hi
Have you ever paid anything towards the mortgages.
Clare
Customer: replied 2 years ago.
Hi ***** haven't he wouldn't allow it in his house in this one he has asked me to pay him rent as I cannot afford to do this he has told me that any money he has put in this property and first said was mine when the house is sold is now being chipped away at.
Expert:  Clare replied 2 years ago.
Hi
Unfortunately the fact that you never married leaves you in a very vulnerable position.
Equally it appears that your ex has always been careful to limit the contribution you made to the property to preserve his financial position by ensuring that he has not created what could be called a beneficial trust
The only possible claim you do have is based on the fact that he induced you to move on the basis that he would give you £125,000 towards a property
Clearly you acted to you detriment on the basis of that promise as you moved out of the property in which you could have remained until your youngest child was 18
Because of that you may well be able to hold him to that offer.
I suggest that you offer to discuss matters with him using family mediation ( www.familymediationhelpline.co.uk) and if that fails then you make it plain that you wil make an application the court under the Trusts of Land and Appointment of trustees act for a declaration that the ;first £125,000 of equity in the property belongs to you
I hope that this is of assistance -!please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33515
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi thank you for your help, in your honest opinion is there any point in me fighting him I don't have much extra cash so don't want to pay out if it's not going to be worth it, how much is it likely to cost me?
Lisa
Expert:  Clare replied 2 years ago.
Hi
Actually I think the promise he made could be enough to secure you that lump sum
Clare
Customer: replied 2 years ago.
Hi Clare
But I have no proof of him saying that to me will it still act in my favor?
Lisa
Expert:  Clare replied 2 years ago.
Hi
I know you have no prove as such - but you did move and there must have been a reason for it (if you understand me) so there is a reasonable chance that the court will accept that you did so based on this promise
Clare
Customer: replied 2 years ago.
Hi Clare
Thank you you have been very helpful.
So if I was promised 125k in the form of 75k for myself and 50k for the kids but only 75k was put into the property I live in and the promise of that being put in writing for me when the house is sold then I can fight for the 75k to be put in writing and he shouldn't be aloud to make the threat of 'if I don't pay him rent then he will take the mortgage payments from my money as long as I don't pay him'?
Lisa
Expert:  Clare replied 2 years ago.
Hi
Correct - you need an assurance that the promised monies will be yours - better still you need to be added to the house deeds
Clare
Customer: replied 2 years ago.
Hi
So as he has since sold the family home made a considerable amount of money on the property and put it into another house the 50k he would of given for the children would now be in his house so I should just leave that and fight for the 75k?
Lisa
Expert:  Clare replied 2 years ago.
Hi
If you are going to fight go for all of it!
Clare
Customer: replied 2 years ago.
Hi Clare
Thank you I will try and fingers crossed it doesn't have to go to court, do you know the costs of mediation and solicitors fees etc?
Lisa
Expert:  Clare replied 2 years ago.
Hi
Legal aid is still available for Mediation so that is a good place to start
Clare

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters