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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My brother is going through a seperation and I am very worried

Customer Question

My brother is going through a seperation and I am very worried that he's not got any legal advise. He is not married, have 3 children. They have 3 properties, two in his partners name and one owned jointly. He has financed all 3. He is trying to do everything fairly which I admire and is happy for a 50-50 split. As much as everything is amicable at the moment I'm a little worried he might get burnt!! Can you advise?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. Just a bit more information to fully assist you:-Are there any formal agreements or deeds of trust between them regarding the various properties?-How old are the children and what are the arrangements for them to be with both parents?
Customer: replied 1 year ago.
No agreements have been arranged. One of the properties is in Spain. The children are 15, 18 and 21. I believe the children will be able to be with either parents whenever they want as both parties will be living within close proximity of each other. Before I respond I just wanted to check that my payment is a one-off and I have not signed up to anything monthly etc.
Expert:  Harris replied 1 year ago.
Thank you - it does not looked like you have signed up for a subscription service.Legally, as they are not married - unless there has been agreement between them, he is not entitled to claim against her property or share of property, and she is not entitled to claim against his share of the jointly owned property. Therefore, legally they are only entitled to what is in their names. Given that they still have one minor child (the 15 year old), if upon living separately he is unable to meet the child's needs and he is her main carer, then he can apply against the mother in order for her to provide financial assistance to appropriately house her. Other than this, he will only be able to legally claim against her property if he is able to demonstrate that there had been intention for him to receive a share of her assets.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.