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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 11892
Experience:  I have been practising for 30 years.
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I’ve been living with my partner for 9 years. We have 2 boys

Customer Question

I’ve been living with my partner for 9 years. We have 2 boys age 2 and 4.
I work part time and he ownes 3 businesses. I have my name on nothing- no bills, no council letters, I have no savings, but a property which I rent out, worth approx £150000.
On my current income, I cannot afford to live there. He works from 08:30 to 20:30 5 days a week, so I need to be around for the children.
Relationship seems to be dissolving.
He has worked very hard for everything he has, and I don’t want to even attempt to take it from him, but I would like to know how I go about ensuring there is enough for me to provide for the children and live independently.
Submitted: 6 months ago.
Category: Family Law
Expert:  F E Smith replied 6 months ago.

Good afternoon. I will assist you with your question but need more info - I apologise if delayed in replying

he owns the property?

do you wish to stay in the house?

what does he want do you know?

Customer: replied 6 months ago.
he owns the property. It’s an estate- 1 x 8 bedroomed House and 4 coach houses that are rented out- 100 acres. I don’t have the skills to maintain it- he does, so he would need to remain there.
He doesn’t want us to separate as he doesn’t want to loose the children, I also don’t want the children to loose their dad.
But I don’t want him to have 50/50 contact if he’s going to be employing other people to look after them rather than me.
If I left, would I be entitled to any benifis so that he doesn’t have to pay anything to me on a regular basis- I know he’ll cover costs of things for children like schooling, uniform and activities. It’s just my living costs that I won’t be able to manage.
Potentially, with financial support, I could live in the house I own and rent out, but with no help, would I have to sell? Would I need to move to a council property? Concerned that I am not entitled to anything as 1) I have a house (rented out to cover mortgage) and 2) He has several million.
We are not married. Been together 10 years.
Expert:  F E Smith replied 6 months ago.

You have no claim on any of your partner’s assets unless you have contributed to them physically or financially in which case you may have an equitable (financial) interest.

It would be different of course if you were married.

He has no liability to pay you any spousal maintenance (for the same reason) although he does have a liability (if you break up) to pay child maintenance at the statutory rate which you will find in this booklet. Start at the top of page 18 which gives the basic rate and then the rest of the booklet has the adjustments.

in respect of providing for you (not the children) I’m afraid that you are on your own and you would not be the first person who stayed in a relationship quite simply because they couldn’t afford to split up.

You may be entitled to housing benefit and/or income supports and/or tax credits but I am not a benefits entitlement expert.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.