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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2725
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Im currently separating from my partner of 8 years, we've

Resolved Question:

Hi, im currently separating from my partner of 8 years, we've 3 kids aged 4,4 and 20 months for which i'm the main carer. My name is ***** ***** the mortgage and we're not married. We still live together for the mean time but what if any rights do i have with regards ***** ***** equity in the house and the mortgage as i've recently found out my partner has remortgaged, taken a lump sum and not told me about it.
Regards
Tony
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 fully assist you:-Is your name on the title of the property (this is in rare circumstances as usually the mortgage will be in the name of all parties who hold title).-What will the arrangements for the children be upon you departing the home? Will they be with you or stay with your partner?-Are there any formal agreements or deeds of trust regarding the property?
Customer: replied 1 year ago.
Hi Thankyou for your response.No my name is ***** ***** the title of property, when we bought the house i still had a house of my own and i cant remember why but at the time it was just easier to leave my name of it.Arrangements for the children have not yet been discussed, my partner works full time and often away with work so i dont see a way that she can be the main carer.No formal arrangements that you mention
Expert:  Harris replied 1 year ago.
Thanks for confirming. Unfortunately, as your name is ***** ***** the title and no formal agreements are in place you have no legal interest in the property or the equity as you are only cohabiting and English law does not recognise cohabitation as creating an interest in assets or property.If, upon separation, you remain their main carer and you cannot appropriately house the children you would be entitled to pursue a court application in order for your partner to provide either capital, or the current home, to meet the children's needs until a certain time (such as the youngest finishing education), after which the property will return to her.I appreciate that this may not be the answer you would have hoped for, but 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
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Customer: replied 1 year ago.
Thankyou for clearing it up for me. I didnt accept the offer of more help as im not sure what the best option is for me right now but if i do decide to pursue a court application to stay in the house is that something you can help with?
Expert:  Harris replied 1 year ago.
Thank you - I can assist with setting out the process and procedure but will not be able to complete the forms or represent you if you decide to pursue a court application as such work is not offered as part of this service.If you have any questions in the future you can ask for me directly by starting your question For Harris.

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