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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34479
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have been living with my expartner for 18 years. We have

Customer Question

Hi there. I have been living with my expartner for 18 years. We have two sons together, 16 and 17. Although we got engaged at the beginning, he has never had the intention of marrying me. He got a house on mortgage 3 months before he asked me to move in with him. He never put my name on it. For all these years i have dedicated myself to the family also worked and provided food. He has never been involved in the running of the home, just paid bills. That all of them are in his name. After he started a new relationship last June, i moved out 1st of Sep. I'm in a hostel. My sons are with him for the time being until i sort a permanent home out for us 3. He does not want to give me any money so I can put it as a deposit for a decent place to live with my sons. What are my rights please? Thank you
Submitted: 19 days ago.
Category: Family Law
Customer: replied 19 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 19 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 19 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did you make any payments towards the mortgage or to any structural improvements or alterations to the property?

Customer: replied 19 days ago.
No, i didn't. I did buy paint, two sofas (didn't keep receipt). Did some decoration myself. Bought most of the fòod, toiletries and boys' clothes.
Customer: replied 19 days ago.
I can't afford calls. I have paid £36 that is more than i can afford and i realised it's more than average for a question. Thank you
Customer: replied 19 days ago.
I have worked for him for free helping him in his antique clocks business.
Customer: replied 19 days ago.
In Jan 2016 I got £12000 child tax credits in a lump sum. He asked for it to help him in his business. I lent it to him. Three months later he bought himself a bike for £12000. Today he is still owing me 7600 and says he is not paying a penny more. He goes out with his new girlfriend to parties, hotels, weekends and next week will go on hols with her.
Expert:  Clare replied 19 days ago.

What work did you do within the business?

Customer: replied 18 days ago.
Clean clocks, load and unload them in crates; go to fairs, set up the stand and sell
Customer: replied 18 days ago.
I used to do that when i had no other jobs. And in order to help him i would not look for jobs. In that way, because of the flexibility, i could help him and run the house and do the school run. When i had a normal job i would still do the school run and all housework without his help. I was a headless chicken. All he did was get up and go and come back for dinner never helping me. Never had a common pot where we could both put money in and pay bills together. All he made me pay was food, day to day shopping and boys clothes. He was divirced before. His marriage lasted about 6 years but had to pay 50% of his first house to his ex. So he planned my financial situation so that if he separated from me, i wouldn't show in any bill or morgage. But made pay for things that now do not show. I have been emotionally, mentally and financially abused all these years. His moods swings and bad temper, no empathy, no complicity, no plans of marrying ...Now it shows also by the fact that even though he has moved on with a new girlfriend he is happy to see me in a hostel with nothing. I am on ESA due to anxiety.
Expert:  Clare replied 18 days ago.
Did he ever make promises about your financial future?
Customer: replied 18 days ago.
He promised he would marry me and put my name in the mortgage too. Last December he promised when he was at hospital that he would put my name in the deeds. He said he wrote it in a paper but he never showed me
Customer: replied 18 days ago.
He also told his friend he would give me money from the house when i told him i was ending the relationship.
Expert:  Clare replied 17 days ago.

Ok

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 17 days ago.
I do not know as he has never shared that information with me. I know the original price was about £60,000. That was 18 years ago. Today its market value is over £200,000
Expert:  Clare replied 15 days ago.

Because you are not married you do not have any automatic claim upon his property I am afraid

You may have a potential claim based on the promises that he made and the fact that relying on those promises you helped with his business and compromised your financial future.

This is based on a legal remedy called "Proprietary Estoppel"

You can read more here

https://www.no5.com/cms/documents/Ashley%20Wynne%20-%20Family%20Notes.pdf

The starting point is for you to try and negotiate with him using Family mediation

You do not have the strongest of claims - so any offer over £10,000 shoudl be considered carefully

I hope that this is of assistance - please ask if you need further details