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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2783
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I live in England. My partner is in prison and has just

Customer Question

Hi I live in England. My partner is in prison and has just had a poca hearing. He has let me know that the house I live in and having being paying his mortgage for for years is going to be repossessed. I wanted to know if I have any rights or claims here as I have put a lot money into this home and I'm worried about being made homeless. Please help, thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information required to provide you a full answer:-Are/were you married to your partner?-Whose name is ***** ***** in on the title?-Are there any formal agreements or deed of trust in place between you and your partner?-Do you have any children together?
Customer: replied 1 year ago.
Hi I'm not married to him although we have been together for 14 years
The property is in his name
There is nothing that I am aware of
We do not have any children together
Expert:  Harris replied 1 year ago.
Thank you - Has there ever been discussion with your partner about your contributions raising an interest in the property?
Customer: replied 1 year ago.
Nothing as of yet, he was the one that brought it to my attention that I might have some claim to the property, which he is fine with, and that I should seek some advice
Expert:  Harris replied 1 year ago.
Thank you for confirming. Legally, the starting point will be that you have no rights to the property or a share of it. This is because you are not married and there is no formal agreement between you and your partner - the law unfortunately does not treat the length of the relationship as a factor in raising a share of property.In the circumstances, you would be able to pursue a court application - which will be against your partner - in order for the court to decide whether you have an interest in the property arising out of your contributions. The court will take into account the history of the relationship and if there was any implied or explicit agreement or intention between you that your contributions would create a share of the property. In relation to the repossession, only your partner can apply to stop this as the mortgage will be in his name and only he has a legal interest in the property.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.