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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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Separation advice and entitlement

Customer Question

I have taken the decision to leave my partner of 5 years for various reasons, we are not married although have 2 children aged 4 and 6 months and we own a house jointly together worth c£249k with a mortgage of c£158k.

I considering asking family for financial support to enable me to move out of the family home with the children whilst it sells as the atmosphere is not one in which I want the children to live and my partner I'd bring very difficult to live with and I want the children to suffer as little disruption as possible.

I am currently on maternity leave (hence why finances are strained) and in due to return to work in August, full time. I am the children's main carer.

All our finances are are joint and it is something I've always dealt with, we both earn similar salaries c£30k, we have little savings just enough to substitute my income whilst on maternity leave - which presumably we'll have to split.

I'd like if possible a few questions answering :-

When we bought the house in 2010 my partner sold his house and put approx £25k down as a deposit / lump sum although no feed of trust was signed at the time. My partner is of the opinion he is entitled to this amount back plus half the equity of the property - what are we both legally entitled too??

I have 2 rental properties in my name where the mortgages have always been covered by the rental income - does he have any recourse to these properties?

If I can afford to move out I will still pay half the mortgage and the loan we have jointly as j understand I'm responsible for these commitments. Would you agree this is it the best plan?

If I can't afford to move out and the atmosphere and environment becomes unbearable what can I do?

Neither of us can afford to buy one another out.

I hope I've given you enough information and I look forward to hearing from you soon with answers to my questions and any other advice you may have.

Thanks in advance
Submitted: 4 years ago.
Category: Family Law
Expert:  familylawexpert replied 4 years ago.

My name is Mac. I can help you with your question. First I need a bit more information:

- I note that you say no deed of trust was signed at the time, but was there any agreement in writing or otherwise about owning the house other than 50/50?

I would be grateful for that information, but before then I can immediately confirm that he will have no claim in respect of the two rental properties.

Customer: replied 4 years ago.
Hi MacThanks for your response; I can confirm there was no agreement about who would own the property other than 50/50.How would you advise is the best way to inform him especially if the outcome / answer is not in his favour.Regards