How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
90234221
Type Your Family Law Question Here...
Harris is online now

I have been with my partner years. We are now separated and

Customer Question

Hello, I have been with my partner for 23 years. We are now separated and we never married. The property I am currently in was purchased in my name originally then remortgaged by him 10 years ago. My name is ***** ***** the deeds. He has now instructed a solicitor to request I move out. We have a 20 year old son and 11 year old daughter who also reside at this address. Can I be evicted? He initially acknowledged that he would sell another property to give me my share out of the house and has now backtracked and wants to leave me with nothing and to also find somewhere else to live. Can he do this?
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:

-Are you in England or Wales?

-Are there any formal agreements or deeds of trust?

-Why was your name taken off the property?

-What are the proposed arrangements for your daughter?

Customer: replied 1 year ago.
Hi,
I live in the UK, London, and no my name is ***** ***** the deeds or any sort of formal agreement with regards ***** ***** property.
My name wasn't taken off, we remortgaged and that point because he could get a better interest rate and the payments were reduced substantially.
My daughter will be with me - giving him access at set times, but the current arrangements are that we are all under the same roof.
Expert:  Harris replied 1 year ago.

Thanks - you state your names are ***** ***** deeds, but then say that your name was not taken off? Have you checked with the land registry to make sure the position? You can obtain a copy of the title deed here for £3: https://www.gov.uk/search-property-information-land-registry

Customer: replied 1 year ago.
Hi, I have not stated that my name is ***** ***** deed, I said the property was initially purchased in my name then remortgaged in his name and that is the current status. The mortgage is in his name only and my name is ***** ***** the deeds.
Expert:  Harris replied 1 year ago.

Thank you for clarifying.

In those circumstance, and as you are not married, you have no legal interest in the property. However, if you were able to demonstrate intention that you were to obtain a share of the property then this will give rise to a claim by you against him for a share of it.

Furthemore, as you have a daughter together, if you are unable to meet your housing needs to appropriately accommodate her, then you can make a claim to your local family court under the Children Act using Form A1 and a £255 court fee in order to have the property held for her benefit until she reaches a certain age (such as her finishing education.

I hope this assists you. 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 your question without a positive rating. Thank you

Customer: replied 1 year ago.
I am rather perplexed that I have no legal interest in the property whereby the property was initially purchased in my name from the proceeds of a previously sold property in my name and then remortgaged in my partner's name. I have been contributing the household/property to match his payment of the mortgage. What exactly do you mean demonstrate intention? I unfortunately demonstrated trust that I would not need to put my name on the deeds and the time of remortgaging. The question I asked also is whether he is able to, by law evict me from the residence as suggested by his lawyers. Thank you.
Expert:  Harris replied 1 year ago.

I appreciate that you had initially held the property in your name, however upon remortgage you transferred the property to his sole name thereby transferring all your legal interest.

Legally, he would be able to ask you to leave upon reasonable notice - however, as you have a child together and if such eviction will put you at risk or harm you can apply to court for an occupation order using form FL401.

In relation to your continued payments towards the outgoings, this will support your case to show that you both may have had intention that you would realise some share of the property and the court will investigate the history of the property transactions and finances.

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 using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you,

Expert:  Clare replied 1 year ago.

.

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 using the stars at the top of this page as I will not be credited for my response without a positive rating.

Related Family Law Questions