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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been living with my partner years , 2 years in

Resolved Question:

I have been living with my partner for 12 years , 2 years in my house then on selling that he bought the house we now live in . How do I stand financially if we split up? His house is worth over 1.2 million , he has around £350,000 invested and also has 2 flats ( which are in my name) he also has land with planning permission worth over 1 million .
Am I entitled to anything from him?at present I work for his son but this will have to end upon any split .
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Do you have any dependant children with him and is there a cohabitation agreement or declaration of trust in relation to his property?
Legally, without either of these his property is his and your property is yours and you cannot make a claim against his assets unless there has been an evidenced agreement that any contributions you make towards his property would entitle you to a share.
Customer: replied 1 year ago.
There are no children between us and no formal arrangements He has the deeds to both flats but they are in my name . Does that give him a hold on them? I don't want anything from him other than these. He has had £70000 form my house sale 10 years ago in his savings account and the flats are worth around £140000 each
Customer: replied 1 year ago.
There are no children between us and no formal arrangements He has the deeds to both flats but they are in my name . Does that give him a hold on them? I don't want anything from him other than these. He has had £70000 form my house sale 10 years ago in his savings account and the flats are worth around £140000 each
04/01/2016 10:59
Expert:  Harris replied 1 year ago.
If the properties are in your sole name, then legally they are yours unless he can demonstrate that he has a beneficial interest in them - holding the . However, you have stated that there are no formal arrangements so it will be difficult for him to prove a beneficial interest.
Customer: replied 1 year ago.
Am I therefore entitled to both flats and the money(£70000) he holds belonging to me? He has documented that this money came from me! I would not want this if I were to take both flats!
Expert:  Harris replied 1 year ago.
In relation to the flats they legally belong to you and in the absence of a formal agreement, he cannot make a claim towards them.
The cash would be more complicated if it has been given to him with no proof of it being a loan. He could argue that this was a gift and if held in his sole account would be hard to contest - what is the documentation that it came from you?
Customer: replied 1 year ago.
He has a spread sheet that details all his monies and this money is detailed that it came from my house sale. I am not bothered if he keeps it but was hoping that telling him he could keep it would soften the blow that I want both flats. From previous conversations he believes that I'm not entitled to them and I have not said that I would want them . He is under the impression that he can have the flats and pay me off with an unmentioned sum which would obviously be less than the value of the flats
Expert:  Harris replied 1 year ago.
If the flats are both definitely in your sole name you do not need to "soften the blow" as legally they are yours.
Customer: replied 1 year ago.
Great thank you for your advice
Expert:  Harris replied 1 year ago.
Thank you. Please rate my response positively if you found it helpful - I will not be credited for answering this question without a positive rating.
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