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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Lived with my partner for 6 years. She bought a house in

Customer Question

Lived with my partner for 6 years. She bought a house in October 2005. She paid 50% deposit and the rest was mortgage. We lived together from Januay 2010 till 2015. I was paying her monthly some money(60%) into the mortgage. I was paying other amount into bills and shopping.
I have no definite proof apart from bank transfers. Now we have a dispute whether I should be sharing any percentage/equity of the
house. Specially I was going to buy an apartment, but she asked me not to do that and go to live in her house because of her children who were young ! !
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Sorry
I've already sent a question and paid, but given the wrong Email ..
Wrong Email :***@******.***
Correct email:***@******.***
First Name : Hassan
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Were there any deeds of trust or formal agreements between you? Are you or were you married to each other?

Customer: replied 1 year ago.
we are married , ,
Bank transfers and proof of living , ,
Expert:  Harris replied 1 year ago.

Thanks. Just a bit more information required to fully assist you:
-How old are you both?
-How long have you been married?
-Do you have any children together, if so their ages and proposed arrangements?
-What is the value of the property, and what is the outstanding mortgage?
-Who is now living in the property?
-Whose name is ***** ***** in?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?

Customer: replied 1 year ago.
This is the second marriage for both of us. We got married in December 2009.
She has two children from her previuos marriage, aged 22 & 20 years old.
* She was divorced in 1998.
* I have four children from my first wife,
26, 24, 20 and 13 years old.
* This marriage is registered in Egypt. Formal lawful and legal marriage. But not registered in UK.
* Our incomes are very close.
* She owns the current house and it's on her name. She bought it in 2005.
She managed to buy a new apartment in 2014. The verbal agreement between us was to buy it in both names, but she put it on her name only when I was abroad.
* When we got married we agreed that I will pay into her mortgage. The promise and verbal agreement was that, she will change the deed later and we will work out my percentage.
* I fully trusted her, that's why I did not take any legal steps to keep n prove my right. Disputes began in 2014, when she realised that the property prices in London moved up.
* Her house value was about 360-370 K when we got married in 2009. There was a mortgage of 170 k. I was paying 63% of the monthly payment of mortgage.
* Another essential point was that, when we agreed to marry in 2009, my plan and agreement was to buy an apartment for us to live in. I did arrange the mortgage and deposit , however she asked me to change the plan and go to live with her because of the children , they were 15 n 13 years at that time. Her parents used to help, but they often travelled to Egypt.
* We then have done a loft conversion in which I paid 50%(15 K). This is considered as an alternative to the separate apartment.
* Now in 2015/2016 the house prices gone up more. I became older, 58, so more difficult to get a mortgage. Specially she refused to do a joint application for the new mortgage. She is younger, 47 years.
Also refused to give anything back.
* I was giving her some money for other expenses. I opened a joint account for her to take my monthly agreed contribution and other extra expenses directly without asking me.
I used to stay at her house 2-3 nights / week because of my work and my other commitments with my children and their mother.
* I feel frustrated, as I did everything I could do to help her n her own family n children . Now she is denying any right for me at present..
Thanks
Hassan
Expert:  Harris replied 1 year ago.

Thanks for confirming.

As part of the divorce you will need to reach a financial settlement, initially this should be attempted through mediation - you can find independent mediators here: http://www.familymediationcouncil.org.uk If a settlement is agreed this can be submitted to court under a consent order (together with a D81 form outlining your respective financial positions).

If mediation does not progress you should then proceed with an application to court under Form A for financial relief once the divorce petition has been issued.

You will both need to provide each other with full and frank financial and income disclosure, as well as disclosure of your reasonable needs. The Court's starting point is a 50-50 split of all matrimonial assets and ensuring that both your needs are met in relation to both assets and income. Despite her obtaining the former matrimonial home prior to the marriage and it being in her sole name, you still have a right to occupy the property arising out of the marriage (this interest can be registered on the title through the Land Registry using form HR1) and you are entitled to make a claim towards it. The property bought in 2014 may also be considered a matrimonial asset as it was bought during the marriage and therefore there may be financial or non-financial contributions from you.

For your information the criteria considered by the court in these matters is:

1. The income, earning capacity, property and other financial resources which each of the parties to the marriage has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the court be reasonable to expect a party to the marriage to take steps to acquire;
2. The financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future;
3. The standard of living enjoyed by the family before the breakdown of the marriage;
4. The age of each party to the marriage and the duration of the marriage;
5. Any physical or mental disability of either of the parties to the marriage;
6. The contributions which each of the parties has made or is likely in the foreseeable future to make to the welfare of the family, including any contribution by looking after the home or caring for the family;
7. The conduct of each of the parties, if that conduct is such that it would in the opinion of the court be inequitable to disregard it;
8. In the case of proceedings for divorce or nullity of marriage, the value to each of the parties to the marriage of any benefit which, by reason of the dissolution or annulment of the marriage, that party will lose the chance of acquiring.

If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
Hi Harris
Thanks very much for your useful information. I have few quiries:
- Based on your advice below:
< Despite her obtaining the former matrimonial home prior to the marriage and it being in her sole name, you still have a right to occupy the property arising out of the marriage (this interest can be registered on the title through the Land Registry using form HR1) and you are entitled to make a claim towards it>.
My question is; how can I keep this right valid and stop her from getting round it?
** She alleges now that our marriage is considered "void", because she'smy second wife and marriage was registered in Egypt !!..
Kind Regards
Thanks
Hassan
Expert:  Harris replied 1 year ago.

If the marriage was legal in Egypt it will be considered valid in England. Once registered, the matrimonial home rights notice can only be removed if you divorce or die.

Customer: replied 1 year ago.
What do I need to do to challenge her allegations and her attempt to remove my name from her property ; In the Land Registry ?
Expert:  Harris replied 1 year ago.

It will be for the land registry to deal with such issues and notify you if they have grounds to remove you home rights - they should also provide you with the ways to appeal any decision they make.

Customer: replied 1 year ago.
Is it sufficient to fill in the form and send it to Land Registery? Or I need a solicitor to lodge it and reply to Land Register ..
Expert:  Harris replied 1 year ago.

You do not need a solicitor to fill in and send the HR1

Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Another Q please ,
Do I have the right to go back n stay at the house ? In the converted loft. As this was our space in the house.
Does she have the Legal Right to stop me from staying in the house . I have the key, do I have to inform her that I am going to stay there ?
Expert:  Harris replied 1 year ago.

You have a right to occupy the property arising out of the marriage which will only end if a divorce is granted or a court order is in place excluding you from the property. She cannot lock you out and you have a right to return.

Customer: replied 1 year ago.
If she prevented me from entering or locked me out, what should I do?
Customer: replied 1 year ago.
If she prevented me from entering the house or locked me out, what should I do?
Best approach ?
Customer: replied 1 year ago.
Dear Harris
Did you mean that I have to pay for any new questions? Even if it's related to the same problem.? Please let me know, because I have further questions !!
Thanks
Expert:  Harris replied 1 year ago.

Without a court order she cannot change the locks or prevent you entering the home