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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have just split with my partner of twelve years we have a

Customer Question

I have just split with my partner of twelve years we have a ten year old daughter we are not married and I have not contributed to any of the payment regarding the house hold and I'm not on any legal documents regarding the house , my x partner is not working but I have a new business that my partner has 50% shares in how do I stand regarding my rights and his to my business
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Who has the day to day care of the child - an dhow much is the business worth?
Clare
Customer: replied 2 years ago.
Hi Clare the business has turned over in excess of 500k and I have care of out child but my partner has hinted that he may apply got duell responsibility
Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the Mortgage?
If the business was sold how much would it raise - and how did your ex come to own half of it?
Clare
Customer: replied 2 years ago.
House valued at 530 with a mortgage of 280 ish but in his name and he has other houses and flats with about another 200 k equity in them we have 50/ 50 share in my company as he helped with the set ting up and production so we've always shared the profits
Expert:  Clare replied 2 years ago.
Hi
How much would a two bedroom property in the same general area cost to buy - and what is your mortgage capacity?
Clare
Customer: replied 2 years ago.
Unable to get a mortgage due to poor credit and think about 165 in a near by area but I want to stay in the house which we shared and that our daughter is used to
Expert:  Clare replied 2 years ago.
Hi
Since you are not married - and you have made no financial contribution to the property then I am afraid you have no financial claim on the property and no right to remain there is he gives you reasonable notice to leave.
However under Schedule 1 of the Children Act he does have to help you house your child until the child is 18.
Unfortunately this does not necessarily mean in the current property - and if he can purchase a suitable two bedroom property for you in the same school area then that will fulfil his responsibility
Obviously you can try and negotiate this with him using Family mediation (www.familymediationhelpline.co.uk)
Unfortunately since you are not married then his interest in your business is covered by Company Law and he retains it unless you buy him out.
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Clare
Thanks for the help regarding the housing issue Gould you tell new heather he has any hold over my company even though. He is a 50% share holder if I was to close the company and start up a limited company can he still own half or does he only own the company that was down as a sole trader but still doing the same thing but rebranded
Expert:  Clare replied 2 years ago.
Hi
So long as the company is in existence he owns half of it - if you close and set up again you can (although of course so can he)
Clare