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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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I'm separating from my partnerof 25 years we are not married

Resolved Question:

I'm separating from my partnerof 25 years we are not married house mortgage free, house in his name he has a large pension what am I entitled too ?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 the property?
Clare
Customer: replied 1 year ago.
l have been involved in all household matters including bringing up 2 kids for 20 years
Expert:  Clare replied 1 year ago.
Hi
I do understand that - but sadly I need to concentrate on financial contributions alone
Clare
Customer: replied 1 year ago.
My name was not on any bills I contributed to Al household matters food shops holidays etc I would except he was the main bread winner 70/30 split on earnings
Expert:  Clare replied 1 year ago.
Hi
Did you pay for any alteration or structural improvements to the house?
Did he ever promise you that the house was also yours?
Clare
Customer: replied 1 year ago.
Yes to both points ie new bathroom and kitchen, was told constantly it was or joint home
Expert:  Clare replied 1 year ago.
Hi
How much dod you spend on the bathroom and Kitchen
saying it is your joint home is not the same as saying that the house is half yours - did he ever say that?
Clare
Customer: replied 1 year ago.
£10000, yes he said house was half mine
Expert:  Clare replied 1 year ago.
Hi
Good - did anyone else ever hear him say that to you?
Clare
Customer: replied 1 year ago.
Yes friends and family stepdaughters mother etc
Expert:  Clare replied 1 year ago.
Hi
That is even better news.
Again just to be certain - they heard him say that the house was half yours - nit just that it was you r home. (this is important)
Clare
Customer: replied 1 year ago.
That's correct half mine
Expert:  Clare replied 1 year ago.
Hi
The fact that you were not married means that your claims on your partner are very limited.
You are not entitled to any of his pension, nor to any maintenance.
You are only entitled to half of any savings or assets held in joint names.
This would of course exclude you from having a claim on the property HOWEVER you do have evidence which will give you a claim on the house.
You have spent money on improvements to the property which has increased the value of the house.
You did this on the basis that your partner had always promised that the property was half yours .
This has created the possibility of a claim of "proprietary estoppel" - essentially that you acted to your detriment on the basis of his promise.
Such claims are not always easy but you have got an excellent chance of success - your starting point is to try and discuss matters with your ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33813
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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