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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I own my own home and have three children. I live with my partner

Resolved Question:

I own my own home and have three children. I live with my partner and we have one child together. My other two children are adults and my youngest is nine and lives with my partner and I in the family home. My partner came to the UK 20 years ago from Slovakia and has stayed with me for over 18 years. The mortgage is in my name and my partner has never paid towards my mortgage. I paid her a salary to stay at home to raise our daughter for over five years and I have paid for her studies to become a school teaching assistant in Reading where we live. I have just been told by my youngest daughter that her mum said she intends to take my house and ask me to leave and she can do this because she has lived with me for all these years. I'm obviously very concerned and would like to know where I stand. I want my other children to have their share in the event of my death. My partner has never liked my children and I want to make sure they get an equal share. I do not want to leave any of my estate to my partner now I know this. She has also confirmed to me this is her intention verbally. Can you advise what i should do? or what are my legal responsibilities?
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can you confirm:
- you are not legally married?
- has your partner added value to your property through renovation / redecoration ?
Kind Regards
Caroline
Customer: replied 1 year ago.

Hello, no we are not married and my partner has not contributed to any renovation to the home. I have always paid for everything. My partner contributes £200 per month for food and bills, and that's it. I pay for her car, holidays ect..

Customer: replied 1 year ago.

Hello Caroline, I'm not sure my response went through?

Expert:  ukfamilysolicitor replied 1 year ago.

Hello

Thank you for your response.

The Legal Position is as follows:

You are not married - so your partner is unable to make a cliam in respect of 'matrimonial fnances'.

You have confirmed that your partner - has not paid towards to the mortgage nor has she has added an value to the property by way of renovation / redecoration. I note that you state that the mortgage is in your sole name - if the deeds are also in your sole name - then this means that your partner is not able to make a claim under the Trust of Land Act for an interest in your property as to do so you would have had to have been named on the deeds, paid towards the mortgage or added value to the property.

I note that you have a 9 year old daughter together. There is the possibility that your partner may seek a Schedule 1 Children Act Claim for provision for your child. The court may make an order in relation to property under Sch 1 including orders for the transfer or settlement of property to either the applicant for the benefit of the child or to the child themselves. This application is made under Schedule 1 of the Children Act 1989 and is specifically a provision for the children and not for the parent who will live with the children. The words 'for the benefit of the child' have a wide meaning and should not necessarily be interpreted as giving a child a beneficial interest in the property transferred. Schedule 1 provision is that capital provided under Schedule 1 for the purchase of a house will generally be returned to the paying party in due course. Usually this will be when the youngest child turns 18 or when that child completes secondary or tertiary education. The precise terms of this arrangement, for example whether the property is held on trust, whether the occupying parent will contribute financially to the purchase or running costs of the property, whether the property will become the children's rather than reverting to the paying parent, can be the subject of negotiation or order by the court. (In short the property would still be yours but being used for your daughter hosusing needs unitl a condition such as her attaining a certin age is met).

You should consider making a will to detail how you would like your estate to be divided. Please also note that if you were to pass away and you had been living with your partner for the last two yeards preceding your death - then she could make a claim under the Inheritenace (provision for dependants) Act - that you had not made reasonable provision for her.

Kind Regards

Caroline

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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 744
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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