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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a partner 8 years. During these years I have

Customer Question

I have a partner for almost 8 years. During these years I have bought a house and an expensive car and I have developed a business. He has stopped working as self employed in the spring of 2012. He had not contributed to the household other than occasional minor payments to our joint account for purchase of his personal items. For the past 4 years I have paid for his holidays and towards his help with the business (so he is also my employee). However our personal relationship degenerated over the past 3-4 years. I would like to be able to know how much money he might be entitled to once I decide to end this relationship. He is British and I am not, but I have been a resident in UK since November 2007. I have worked continuously since 1998. Thank you in anticipation, Mariana
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm if you are married to him and if you have children together? Is any of the property in joint names with him, if not, and you are not married, is there a deed of trust or cohabitation agreement in place? I will then be able to provide a more detailed answer.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2296
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
I am not married to him but I found out a couple of years ago that he is still married to his South African wife. We do nit have children together. I have nothing in shared ownership, but his name appears on the purchase contract of the house as having rights to live at this address for the duration of our relationship. I am financially responsible for all the expenses, taxes and bills of my household since I am the only bread winner. I do not want to be dishonest or ungrateful towards him, as I once loved him dearly. However he is not the same lovely person he once was, and he became grumpy, critical to the point of bullying, and unsupportive. Since we lack intimacy for months, I am not sure if he has an affair or if he uses internet for personal issues. I am not sure what other information you might need, but if it is anything I need to inform you about kindly let me know how to pass on the answer to you. Many thanks, Mariana
Customer: replied 1 year ago.
Just to add that my mortgage is still in place for 9 years and I am paying for my car for another 30 months. Mariana
Expert:  Harris replied 1 year ago.
Thanks for confirming, just to make sure - do you live in England or Wales? His name is ***** ***** original purchase "contract" for the property, but is it on the registered title deed?
Customer: replied 1 year ago.
Oh, we live in England. His name is ***** ***** the title deeds. The mortgage and its insurance are totally under my name. Thank you. Mariana
Expert:  Harris replied 1 year ago.
Thanks
As long as there is no deed of trust or cohabitation agreement stating that any contributions he has made would entitle him to a share of your property, your property is legally yours and he would have no claim against it upon separation.
Customer: replied 1 year ago.
Could he claim a certain amount of monthly payments in order to preserve his quality of life at the same level? A friend of mine suggested this could happen to couples who have cohabited long enough to create a precedent. Thank you.
Customer: replied 1 year ago.
Good morning! The last question would be which are the pieces of law or legislation supporting these rights? Thank you very much for your patience in dealing with my case! Mariana
Expert:  Harris replied 1 year ago.
No - he cannot claim spousal maintenance from you. He would only have been able to if you were married, or if you had children he would have been able to claim child maintenance if he was the main carer. Cohabitation is not recognised as a legal relationship in law, no matter how long the relationship.
The only pitfall would have been if he were to have made contributions to your property - which you have stated he has not.
Customer: replied 1 year ago.
So the fact that he has occasionally paid minor anounts of money into the joint account (mainly for his personal purchases, but this is the account to pay our household expenses - gas, phones, electricity, internet) does not constitute payments towards my property?
Expert:  Harris replied 1 year ago.
Without there being prior agreement that this would entitle him to a share of the property, no it does not.

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