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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 741
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have very recently separated from my partner. We lived together

Resolved Question:

I have very recently separated from my partner. We lived together (4yrs out of 8 yr relationship) and have a joint mortgage for our home which we own in joint names. Both invested same capital to buy properties. Furniture etc is a mixture of mine, hers and bought jointly. Also have an investment property also bought equally. What legal rights do I have or need to be concenrrned with as I have now asked my partner to leave (due to infidelity). She says she will pay half the mortgage meantime until we work through future plans. We are not married and I am unemployed.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist you.
The area of law that deals with property for unmarried couples is the trust of land act.
If you hold property as 'joint tenants' then it will be presumed that you own those properties equally and will be entitled to half of the monies each post sale. If you own properties as 'tenants in common' then the share each of you has in relation to that property is ring fenced to the agreed shares.
If there are properties that are not in one or the other of your names but the person who is not named has 1) paid a deposit or 2) paid the mortgage or 3) added value to the property through renovation / redecoration then the person will still have a claim in respect of that property despite not being named.
You should try and agree the position. You should consider making a referral to a mediation service to assist. There are lots of mediation services and there will be one local to you. One such national service is www.nfm.org.uk
If matters can't be agree then you can apply to court on Claim Form Part 8. The court has the power to make declarations in relation to your interests in the property and they can also make orders for sale so that your interests can be realised.
In relation to furniture - these belong to those who bought the same. If bought jointly try and agree division or payment otherwise your looking at a small claim.
Kind Regards
Caroline
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Customer: replied 1 year ago.

Are there any common law issues I should be aware of?

Expert:  ukfamilysolicitor replied 1 year ago.
No - there is no such thing as 'common law'.
Do you have kids?
Customer: replied 1 year ago.
Ok thanks. No kids. So principally everything is split equally under amicable arrangement or small claims. If she doesn't pay mortgage then obvious default. I take it I am in my rights to stay in Home whilst I make up mind re future share?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Yes if no kids
Then:
Properties - is Trust of Land Act
Belongings - small claims
Your entitled to occupy a property you own.
Kind Regards
Caroline
Please kindly remember to rate positively
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively. Your question will not close and I can answer your follow up questions for free.
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 741
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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