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