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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34278
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 and my partner are not married, we have two children together

Resolved Question:

I and my partner are not married, we have two children together (6 years old and 18 month so), he also has two grown up children from his previous marriage, they live separately. My partner has got a mortgaged house where we have lived together for 8 years. He is self employed and I am in a full time employment.
If we breakup and he ask me to leave, am I entitled to any of the equity of the house?
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.
Who has the day to day care of the children?
What financial contribution have you made to the property itself?
Clare
Customer: replied 2 years ago.
Hi Clare,
We both do. I take the oldest to school and the youngest to nursary or to my mother in law. He usually picks the oldest one from school and takes him to sports clubs and I pick up the youngest one after work.
Regarding financial contribution to the property i haven't made much. I was paying for maybe a year £300 per month and then cancelled, but all what I have earned I have spent for our family, I took the loan to help him with his bisiness, for all our holidays I paid myself, for nursary and sport clubs as well. (I don't know if it counts). I have contributed to the partly decoration of the house and for childrens' furniture.
Thank you
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
How much is his business worth?
Clare
Customer: replied 2 years ago.
The house worth about £550,000, the outstanding on his mortgage £245,000, the business, I am not sure, probably £10,000 - £15,000.
Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
How much is a cheaper three bedroom property in the same school area likely to cost to buy?
Clare
Customer: replied 2 years ago.
Hi Clare,
Around £460,000 - £495,000
Thank you
Expert:  Clare replied 2 years ago.
Hi
Who generally does the cooking and cleaning for the children?
Clare
Customer: replied 2 years ago.
Hi Clair,
I do all the cleaning, cooking we do together and gardening together.
We both contribute to the food shopping, I buy cloths for children.
Thank you
Expert:  Clare replied 2 years ago.
Hi
Have you considered how the care of the children will be shared between you after separation?
Clare
Customer: replied 2 years ago.
Hi,
I would like to have a full custody if I can. I don't think he will be able to look after them as he in his mid fifties and I don't think he will find time for them between after work pub and television (sorry for too much of details).
Thank you
Expert:  Clare replied 2 years ago.
Hi
Does your ex have any other assets - and is there a cheaper area you could move to
Clare
Customer: replied 2 years ago.
Hi,
I can move out outside the city but then it will be difficult to get to school. The cheaper option will be to move into flat.
My partner does not have any other assets, not that I know of.
Thank you
Expert:  Clare replied 2 years ago.
Hi
How much will a two bedroom flat cost?
clare
Customer: replied 2 years ago.
Hi,
Within the radius of one mile from our house price for two bedroom flat veries between £320,000 and £490,000
Expert:  Clare replied 2 years ago.
Hi
What mortgage capacity do you have - how much might you be able to borrow?
Clare
Customer: replied 2 years ago.
Morning,
I do not know, I am on £25,000 pa and I have no debt with credit cards or with banks.
Expert:  Clare replied 2 years ago.
Hi
Last question
Has your ex ever promised that you were entitled to a share of the property?
Clare
Customer: replied 2 years ago.
Hi,
Yes. He used to say that as we live together and we have children together it doesn't matter that we are not married, I am entitled to the half of what he's got and maybe more because of the kids.
But when we had an argument, he said if I don't like the way he is, I can pack my bags and get out of the house. When I said that he can't throw me out like this after all these years, that he will have to give me some money as all the money which I earned were spent on our family and I do not have any savings. He said that he owes me nothing.
That is why I am asking you whether he was saying the truth in a first place or I am entitled to nothing?
Thank you
Expert:  Clare replied 2 years ago.
Hi
Did he say that half of the house was yours in front of anyone else?
Clare
Customer: replied 2 years ago.
No
Customer: replied 2 years ago.
Hi Clare,
I keep getting emails requesting to rate your answer, but I haven't received any answer yet and tomorrow will be a week since I asked my question.
If you need any more information can you please list it in one reply and not a question per day.
Thank you
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
The fact that you are not married makes the position very difficult.
You have no automatic financial claim on the property whatsoever.
However the fact that he promised that the property was half yours could possibly create a form of Trust - you can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
However I have to be honest and say that you would struggle to make a case based on what you have said, although the fact that you borrowed monies for his business is helpful
On a more positive point under Schedule 1 of the Children Act your ex is under a duty to help you house the children until they are 18
This could mean you staying in the current property (without him) - which you can use as a negotiation point to gain a lump sum from him which reflects the loan you have taken out and the amount you need to re-establish a home elsewhere
You should try and negotiate with him using Family mediation
www.familymediationhelpline.co.uk
I hope this is of assistance - and I am sorry it took so long. You may well have a number of follow ups - which i am happy to answer - all part of the one price!
Clare
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