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Ask Leyla Shahin-Mehrube Your Own Question
Leyla Shahin-Mehrube
Leyla Shahin-Mehrube,
Category: Family Law
Satisfied Customers: 200
Experience:  Family Solicitor at WLH Solicitors
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I have cohabitance I have cohabitation matter question, not

Customer Question

I have cohabitance I have cohabitation matter question
JA: What steps have you taken? Have you filed any papers in family court?
Customer: not yet it is just ongoing dispute between us
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live london
JA: Anything else you want the Lawyer to know before I connect you?
Customer: well , we purchase flat together I have contributed to th emortgatge however, I have not contributed to the deposit and not registered on the property but have evidence paying to the mortgage, have been managing refurbishment and buying some furniture
Submitted: 10 days ago.
Category: Family Law
Customer: replied 10 days ago.
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Customer: replied 10 days ago.
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Expert:  Leyla Shahin-Mehrube replied 10 days ago.
Hello, If you live in a property in your partner’s sole name, it may be that you have an entitlement to a share in the property but the law surrounding this is complicated. If you are unable to agree upon the sale of and division of the net proceeds then you will need to apply for an order determining what share you have. Before you can be advised on the merits of making any claim, you will need to give consideration to the following as these are the factors which the court will take into account:

What discussions took place prior to and during the purchase of the property with your partner include the dates, times, locations of any such discussions. Were any third parties present? If so, who?
Who paid for the deposit on the property? If it was borrowed, who was it from? If it was a gift, who was the money from and why was it given? If it was funded by savings, whose were they?
Who paid the legal fees, surveyor’s fees and for any other purchase-related expenses, such as stamp duty? Was there any agreement in relation to those funds?
Who made the mortgage repayments, and from what funds were they paid, e.g. your account, your partner’s or a joint account? If it was paid from a joint account, how was that funded? Who paid the other household expenses?
Were any structural repairs or alterations carried out, e.g. an extension, new roof, etc? If so, who paid for them and from what funds? Were there any discussions between you as to the basis on which such payments would be made?
Who paid for other expenditure such as holidays, furniture, the children’s clothing and equipment etc. (if relevant)? What was the agreement between you?

Its advisable for you to go to a cohabitation solicitor with all your evidence and paperwork so they will be able to advise you whether you can make a claim against your partner for an interest in the property and for how much. If you are so advised then you will need to make an application under the Trusts of Land and Appointment of Trustees Act 1996 for an order declaring the extent of your interest in the property and seeking an order for the sale of that property.

Once the Court returns your claim form and the Particulars of Claim these are served on your former partner. Your former partner must then file a formal court document, which is known as a defence within 28 days. If appropriate, your solicitor will prepare another formal court document, which you must file, dealing with your former partner’s defence. There will then follow a process whereby any relevant documents will be disclosed. Once that has been done, the matter will be listed for a final hearing several months ahead when a judge will determine your application. A suitably qualified barrister will represent you at the final hearing.

The final hearing could be a year or more from the start of your case if you are not able to reach an agreement. This is because bringing court applications is a lengthy process and can be subject to delays. These delays can be by the court, delays by your former partner in providing information and documents, or in taking steps in the court proceedings.

All in all, this is a very long and costly process.

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