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Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-Are/were you married to your partner?
-How old are the children?
-Did your partner assume full legal and financial responsibility for the children?
-Is the children's biological father involved at all, if so in what way?
-Are there any formal agreements in place with your partner regarding your contributions?
-Whose name is ***** ***** title of the property?
Thank you for confirming. Firstly, as you are not married and he did not assume financial responsibility for the children you cannot seek a claim against the home for this basis.
However, you would be able to pursue a claim for a share of the property if you can establish that there was agreement or intention that your contributions would create you a share of the property. Initially this should be attempted through negotiations with her and if no settlement is reached then you should consider pursuing a claim to your local county court under form N1 and a £355 court fee to seek a share of the property.
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The letter would be something you can rely on but for which time period is she referring to? A year after separation? The letter could be used to argue that you should continue occupying the property for one year but as you are not paying rent you will not be considered a tenant and therefore have no rights enjoyed as a tenant and as your name is ***** ***** the title of the property the legal position would be that she can remove you by giving you reasonable notice to leave - however, your counter would be the intention that she showed in the letter allowing you to stay for a year (if it is after separation)
Thanks - the letter can show intention to allow you to occupy the property and can be used to prevent you being removed. Furthermore you should consider simultaneously pursuing a claim for a share of the property due to your contributions and implied agreement you have set out.
Thanks - if she destroys the original, then a photograph of it will be enough to demonstrate that there was some agreement in place.
Home rights are only in relation to married couples.
Beneficial interest is a potential interest raised by your contributions or some agreement with your partner, which we have discussed above.