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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13326
Experience:  Solicitor with more than 30 years experience
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I have been living with my partner for 13 years and thinking

Resolved Question:

I have been living with my partner for 13 years and thinking of separating. What I need to do? What is the legal way of doing that?
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Are you married? Do you have joint property? Children?
Customer: replied 3 years ago.

No. We just living partners. The property we living in it is on my name but we have been 8 years. No children.

Expert:  Senior Partner replied 3 years ago.
Then there are not legal formalities at all. If your partner contribute to the purchase of the property then he/she may have a claim to a share and that issue needs to be resolved but there is nothing else legally that needs to be done
Customer: replied 3 years ago.

The mortgage is on my name. Yes! She has been paying some bills, but majority I have been covering.

Expert:  Senior Partner replied 3 years ago.
Who put up the deposit? If you have been together for a very long period then it is likely that she has made some contribution? I assume you are not in scotland where she has some rights even if you are the main financial contributor
Customer: replied 3 years ago.

We are not in Scotland. The deposit has been arranged by the builder to be payed. Yes! We have been for long time together and has made contribution.

Expert:  Senior Partner replied 3 years ago.
Do you mean you got effectively 100% mortgage? If it is a repayment mortgage and she paid some of the bills she may have a claim. DId you have any agreement about it?

Largely between unmarried couples it is a matter of general law i.e. what was agreed or if there was an implied trust on the property.

Legally it is up to her to bring a claim although you cannot necessarily force her out immediately.
Customer: replied 3 years ago.

The mortgage is 90% with 10% deposit paid by the builder. We did not had any agreement. I do not intend to force immediately.

Expert:  Senior Partner replied 3 years ago.
OK well if it is a repayment mortgage I wow imagine she may have some claim but if you do not agree then she will have to go to court.
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Customer: replied 3 years ago.

Thank you for your help and advice.