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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a question with regards ***** ***** law, please.

Resolved Question:

Hi, I have a question with regards ***** ***** law, please.

I am currently in the process of splitting with my partner with whom I have a daughter. We were not married, only lived together for 7 years, renting a house. My partner has never worked for the whole period so I was paying all the bills and rent. She now considers a legal proceedings against me to get half of my possessions. Does she have any legal base for that ?

Also, she is looking into keeping our daughter with her. I am of course willing to pay child maintenance (as far as I know that would be around 15% of my pay). The split was caused by her being unfaithful.

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.
What possessions is she trying to claim?
How old is the child and how will her care be shared between you?
Clare
Customer: replied 2 years ago.

Hi,

My daughter is now 6 and we have not discussed the care matter for now.

I would gladly take my daughter to live with me as my former spouse has no sustainable income and she has never worked in this country before.

My former partner is considering to claim half of the value of my car (registered to my name and used solely by myself as she does not have a driving licence , as well as half of the value of my motorbike again used only by me for commuting). There are also items at home which she would gladly take such as a corner sofa, flat screen TV and other electronic equipment.

All of the above has been purchased by myself.

During the course of our 7 year relationship my former partner was receiving an allowance from me more or less every month. The amount would vary from 80 to 1000 pounds in cash.

Apart from that I was the sole provider for the family : paid the monthly rent and all the bills, bought food, clothing and all that was needed for her, her son from the previous relationship who lives with us and for my daughter.

At the moment we still live under one roof, renting a 2 bedroom house. The renting contract expires in the middle of November and I am willing to move out of there. The problem is that my former partner does not have any means of providing for herself and the two kids as she does not have a job and as far as know is not entitled to any benefits such as housing benefit or job seeker's allowance as she is not a British Citizen and has never worked in the UK (I have a British passport myself and so has my daughter). She is considering taking the kids back to Poland but I would not agree to that as I love my daughter and I would not like to limit my contacts with her.

Do let me know if you need any more specific information, please.

Kind regards,

Robert Szatkowski

Expert:  Clare replied 2 years ago.
Hi
How much are the Car and Motor bike worth
Clare
Customer: replied 2 years ago.

The current value of the car is around 12000 and the motorbike around 10000 pounds.

Expert:  Clare replied 2 years ago.
Hi
Do you have any other savings?
Clare
Customer: replied 2 years ago.

No..no other savings.

Expert:  Clare replied 2 years ago.
Hi
It is clear that your partner has always had the day to day care of the child and on that basis unless you and she agree a pattern of shared care then it is likely that she will continue to be the main carer of the child
However she will need your permission to take the child out of the country permanently - or an Order from the Court.
Withe regard to the financial situation she has no claim on your car or your motorcycle - but under the Children Act she can seek a lump sum to enable her to set up in a new rental property - and to a share of the belongings so that she can provide a home for the child.
You need to discuss all these things with your ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
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