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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2721
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My civil partner and i split up last year and sold the house

Customer Question

My civil partner and i split up last year and sold the house which had a significant amount of equity ( £224k). because we were joint tenants or in common, i cant ever recall which, i was aware that she would in any case be entitled to half of the house, no problem, i have no argument with that. however her solicitor is holding the money pending us agreeing
i suspect she is after some of my pension, but the whole thing is taking so long and i havent even had any offer of settlement from him yet, albeit the house sold at the beginning of december last year. my question is, can he hold the money for so long? i think he is being deliberately slow. I have requested an advance at least but no reply yet
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
In order for the proceeds of sale to be released there has to be agreement by both you and your civil partner, otherwise they can continue to hold the funds until there is an agreement regarding the finances.
In relation to the finances, has a dissolution commenced? If yes, I would suggest that you make a referral to an independent mediator (you can find local ones here: familymediationcouncil.org.uk). The mediator will assist you both in reaching an amicable agreement regarding the finances as well as progress full and frank financial disclosure between both of you - as this will be required so that both your positions are known.
If you are able to provide me with details of how long the partnership was, whether there are any children, what other assets and income you both have, and what contributions were made to the home - I will then help you with further information regarding this.
Harris and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Harris,
No dissolution has commenced yet. We both did an exercise to establish assets etc, the fact is my partner doesn't really have any assets, (apart from a 50 % share of 244k of course !). I was the main breadwinner, there are no children and we were together for 16 years during which my partner worked at a number of careers, not succeeding in any of them. She had barely worked at all in the two years prior to the separation. Every bill, came from my salary, including her pension, running a car, the mortgage , everything. I will accept that she did support me by looking after me when I was diagnosed with Parkinsons Disease 6 yrs ago. (I mention this because I think it might affect the outcome if I had to go to court)
Can I at least have an advance on the money, am I entitled to that ?
Customer: replied 1 year ago.
am I likely to be in a worse position by being the breadwinner, ie she had no independent income but may have become used to a lifestyle that I would have to maintain for her ? do judges tend to come down in favour of the breadwinner in these circumstances , especially if no children ? I am still waiting to see what the offer is !
Expert:  Harris replied 1 year ago.
Thanks for the further information. The solicitors will not agree a release of any of the funds without agreement between both of you.
In relation to the division of assets, given that it is a long partnership, and she has made non-financial contributions to the partnership she would be entitled to make a claim for other finances such as a share of your pension and possible periodical payments. The court will need to ensure that both your needs are met from the matrimonial assets, and given that there is quite a bit of cash from the sale of the property, a 50-50 split appears to be appropriate.
In relation to periodical payments, as she has no income herself it is likely that maintenance will be on the cards - however, the court would want to see that she is demonstrating that she is doing things to maximise her earning potential and income as the court do not like making indefinite maintenance orders, especially when there are no children.