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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1097
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Can you help please. My partner and I are splitting

Resolved Question:

Hello
Can you help please.
My partner and I are splitting up and I need to find out if I should pay her.
We have lived together 14 years in my house that is in my name only and I lived here 18 years before she moved in.
We are not married and she is saying she has rights to half my house, pension and savings.
She says if I give her £10,000 she will go.
Does she have any claim
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your question.
Please can I ask:
- do you have children together?
- had your ex contributed to the mortgage or added value to the property by renovating / redecorating?
Kind Regards
Caroline
Customer: replied 2 years ago.
No we don't have children and no she has never paid anything on the mortgage
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response and confirming the position.
As you were not married then the legal route for your ex to try and make a claim in relation to your property that is in your sole name would be under the Trust of Land Act. Your ex has no right to your pension or savings.
To have a claim under this Act your ex would have had to have 1) contributed towards the mortgage payments and/ or 2) added value to the property (ie paid for redecoration / upgrades).
The burden of proof is on your ex to prove that she had paid the mortgage or increased the value of your property. Your ex would have to make an application to the court under this type of claim and prove her points. Your ex has no automatic rights and would have to argue and convince a Judge.
Kind Regards
Caroline
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Expert:  ukfamilysolicitor replied 2 years ago.
I would be grateful if you could kindly rate my answer.