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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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My partner and I have split after 6years. We are not married

Customer Question

My partner and I have split after 6years. We are not married but have a son together who is 4. When we met I had a property and mortgage and he was just purchasing a property. We moved into the one he bought. I then rented mine out, but when pregnant we decided to sell. The money from the property £50000 has gone on our family living, inprovements in the home and several months mortgate payments when he could not afford to pay.
I now have nothing and would like to know if I have a right to a stake in his property?
Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
My name is Claire and I will do my best to assist you but I need some further information first.
How much is the property worth and how much is outstanding on the mortgage?
How much have you actually paid towards improvements and mortgage specifically
Claire
Customer: replied 4 years ago.

property is worth £240000 outstanding mortgage of £130000. I would say £10000 on just improvements and mortgage and another £10-150000 on living as a family food etc and this included a car for him.

Expert:  Clare replied 4 years ago.
Hi
Was there ever any conversation or agreement about you having a share of the property?
Claire
Customer: replied 4 years ago.

conversations were around our future as a family and moving onto bigger and better

Customer: replied 4 years ago.

conversations were around moving onto bigger and better or putting everything together to buy land and build a house

Customer: replied 4 years ago.

i have replied

Expert:  Clare replied 4 years ago.
Hi
My apologies for the delay
Is there any witness - friend or relative who could give evidence that the property was referred to as "ours" my your ex?
Claire
Customer: replied 4 years ago.

possibly, can you explain more? surely if i prove the money I had which is now gone from my account to his over a period of time and living together is that not enough.

Expert:  Clare replied 4 years ago.
Hi
Sadly no that is not enough.
There are two factors here.
Under Schedule 1 of the Children Act your ex is under a duty to help you house the child until the child is 18 and if you apply to the Court then you could remain there (without your ex) until your child is 18.
However this does not give you a financial interest in the property.
The fact that you paid the mortgage and for improvements DOES give you a financial interest in property - but one limited to the £10,000 that was used for the purpose.
However of you can show that there was a clear agreement that the property would be seen as "joint" despite the fact that his name alone was on the deeds then you could argue that you are entitled to 50% of the equity
The Children Act gives you leverage and may persuade your ex that it is easier to give you a generous lump sum now that to risk losing the property for 12 years.
You can negotiate a settlement using Family Mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Claire
Expert:  Nicola-mod replied 4 years ago.
Hello,

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Thank you,
Nicola