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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2740
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been living with my partner for 24 years, and we have

Resolved Question:

Good morning,
I have been living with my partner for 24 years, and we have 2 children aged 18 and 17. We have now decided to go our separate ways.
The house is in my partners name, as when we applied for a mortgage i was only working part-time due to having 2 very young children at the time.
He has a successful business, and I was working 3 jobs at home and looking after the children.
We have agreed that although the house is in his name, we will split the proceeds from the sale of the house 50/50.
Due to debt commitments, I cannot afford to move out until the house is sold and I have paid off debts. However, my ex is taking his time in doing the house up and getting it on the market. I have now been sleeping on the sofa since June and i am desperate to leave now.
We have agreed that my 17 year old will live with me, and my 18 year old will stay with his dad, however we will live close to each other and so the boys can come and go as it suits them (i envisage both sons coming to mine for meals!).
My question is, can I ask for an 'advance' on the proceeds of the house, so that I can move out and get the house sold quicker? My father is concerned that I should be entitled to some of the business funds, as I gave up full-time work to bring up our children (although did childminding, ironing from home and worked part-time in a school to make ends meet). Could I ask him to lend me money from his business to 'buy me out'?
The key part to this story is that we never married, and so I am aware that this makes things more difficult for me.
We do get on fairly well, and are living our separate lives under 1 roof. He is still paying the household bills and I am still running the house,cooking,cleaning etc while working full-time. I am exhausted from the emotional stress and not sleeping well, and need this situation to end as soon as possible.
Your advice would be greatly appreciated.
Submitted: 9 months ago.
Category: Family Law
Expert:  Harris replied 9 months ago.

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

-Are/were you married to each other?

-Are the children his? If so, are they in A-Levels or approved training courses?

-Are there any formal agreements or deeds of trust in place regarding the property?

-Has there been any agreement or intention for you to receive any lump sum from the sale of the property?

Customer: replied 9 months ago.
Hi,
We never actually married
Yes, the boys are his. Both boys are doing Apprenticeships now.
There is no formal agreement or deeds of trust, in fact I remember signing something when we brought our current house (16 years ago) which in effect signed over my share of the equity from our old house to put down as deposit on our current house.
There has always been a verbal agreement to receive a lump sum from the sale of the current property, but nothing in writing, as we felt we were getting on well and although separated, the trust was still there and we are more like housemates now. I just obviously want ot sorted quicker than he does!
Thanks for your time,
Sharon
Expert:  Harris replied 9 months ago.

Thank you.

As there appears to have been an intention, as well as a financial contribution towards the deposit of the current home by sale of your interest in the former property, you would have grounds to apply to court to seek an appropriate share of the sale of the property. Such a lump sum can of course be paid to you by him prior to any sale but if he does not do this you would need to pursue a court application.

In relation to seeking financial relief from his businesses, as you are not married you would not be entitled to this as legally there is no provision for cohabitees or partners for such relief.

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 9 months ago.
Thank you, that's what I thought. So the only way to speed things up would be to go to court and pursue a court application to get an amount upfront? Or I suppose to avoid courts I will have to bide my time. Maybe the suggestion of pursuing a court application might spur him on a bit!
Thanks for your replies,
Sharon
Expert:  Harris replied 9 months ago.

Yes, the court proceedings will put a strict time-frame to deal with the matter - although be aware of the potential costs if you are legally represented which will be necessary if the matter becomes contested.

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