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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25485
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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If I'm paying the mortgage & bills on a house with an ex partner

Resolved Question:

If I'm paying the mortgage & bills on a house with an ex partner who co owns the home and I stay away at the weekends do I still have the right to live in the house during the week
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I clarify if your ex partner co owns the home with you or someone else please?
Is the mortgage a capital repayment mortgage or interest only?
Have you made any other capital payments to the property?
Do you have children with your ex partner?
Finally has your ex partner obtained any kind of restraining order against you?
Customer: replied 2 years ago.
We co own the house there are no children together, the mortgage is a Capitol repayment, there have been nothing else put against our mortgage there are no restraining orders
Expert:  Joshua replied 2 years ago.
thank you. If you jointly owned the property with your ex-partner, the starting presumption in law is that you both the property in equal shares financially unless there is an express agreement to the contrary which sets out alternative financial shares than 50-50. In the absence of such an express alternative agreement, either you or your ex-partner can attempt to shift from the initial 50-50 presumption by producing evidence that one of you made made unequal contributions towards the property (e.g. more than the other) and from each of your conduct, there was no intention on the part of the person that made great contributions to making a gift of those contributions to the other. The burden of proof is upon the person seeking to shift away from the initial 50-50 presumption to show sufficient evidence to justify doing so.In terms of your occupation rights, on the basis you are a joint legal owner of the property you have every right to occupy the property whenever you wish as you have equal rights to the property as does your ex-partner. The only exception to this would be if your ex-partner obtained a non-molestation order against you which is the reason I asked the above but as she has not done so (she would need to show she feared violence or abuse to obtain one) which I assume is not an issue here.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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