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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2544
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separating from my partner of 16 years. We have been

Resolved Question:

I am separating from my partner of 16 years. We have been living together in the house I owned for 10 years prior to our relationship. The house bought 23 years ago for 45K is now worth about 250K. My dad has a 15% share for the initial deposit. Two years ago I paid a lump sum of 13.5K to clear the mortgage. We have a 10 year old child which we have co-parented and will continue to do so. I am 49 and he is 52, both self-employed earning less than 10K a year. We have no joint assets or pensions.
He has moved out and we want to come to a settlement in separating our finances. As we earn the same and have the same earning potential, neither will be seeking maintenance payments.
My question is whether I am legally obliged to to give him money from the increased value of the house.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

Hi, thank ypu for your question. Just a bit more information required to fully assist you

- Are you married to each other?

- is there a deed of trust or formal agreement in place regarding any contributions to the property by your partner?

Customer: replied 11 months ago.
Hi, no we aren't married and no deed or formal agreement with regard to the property
Expert:  Harris replied 11 months ago.

Thank you for confirming. As you are nit married, the property being in your sole name and there being no formal agreement between you, he is not entitled to any of your property and you are not entitled to any of his. If he can prove there was intention that he would be entitled to it then he can pursue a court application for a share of the property but this is difficult to prove if there are no agreements.

You should also be aware that if he becomes more main carer of your child he will be entitled to claim child maintenance from you based on your gross income and on average how often your child stays with you overnight. Further to this if he is unable to house himself for the benefit of the child he can pursue an application against you for financial and housing assistance - which could include him asking to return to the property with the child until the child reaches a certain age.

I hope this assists. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 11 months ago.
If I offer him a lump sum to help with setting himself up afresh, should I draw this up as a legal agreement which acts as a final settlement and waives any pursuit of financial assistance in the future
Expert:  Harris replied 11 months ago.

Yes, definitely have a formal agreement drawn up and agreed. However, you have no legal obligation to provide any lump sum or finances to him.

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2544
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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