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C.Cornel
C.Cornel, Lawyer
Category: Law
Satisfied Customers: 625
Experience:  Senior Lawyer at Legal Group
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I have been living with my ex partner for 21 years we are

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Hi I have been living with my ex partner for 21 years we are not married but have 3 children age 18,13 and 10. He has had an affair in January this year with my sister and i told him to leave, which he did. The mortgage is paid on the house but I am not on any legal documents. He is paying all the bills and I am not receiving any money from him. He comes and goes as he pleases and is making life miserable for us all. He has his own business and I work about 20 hours a week. For the first 12 years I worked full time then went to part time but have always worked and contributed to the household but I have no proof of this I have also been given £25,000 from my parents which went towards family life and £7,000 payout for maintenance for my eldest child age 27 who has a different dad. Where do I stand with regards ***** ***** house as he keeps threatening to come back and is making life difficult for us.
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No none
Assistant: 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: Yes I know where it is
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: I do not know what the lawyer would need

Hello, my name is***** am a licensed lawyer from the UK.

Customer: replied 3 months ago.
Hello

The starting point is always to consider whose names are ***** ***** deeds to the property – but this is only the starting point.

There are some circumstances which may allow you to claim an interest in your former partner’s home, for example if it is the family home for children.

A cohabitation agreement can help to clarify who will (or won’t) have an interest in the equity in the home.

Based on your circumstances, given the fact that your ex partner owns the house, you might still have a claim to have an interest in it on the basis that a “trust” has arisen, even if the relationship later broke down. A trust may arise where a partner makes certain financial contributions (for example by paying to build an extension). In this situation, a trust of this nature is when two (or more) cohabitees have an implied agreement relating to a property, normally based on their behaviour and financial contributions.

However, this a rather complicated point of law and it's generally at the discretion of the courts.

In my experience however, courts try to be fair and split the assets equally, based on similar circumstances to yours.

Therefore, you shouldn't worry that you might be kicked from the house or anything similar.

Subsequently, you might be legally entitled to 50% of the equity of the house.

Thank you.

Customer: replied 3 months ago.
Thank you what are my next steps as I am concerned that he will move back in. All 3 of our children live with me and I am concerned that he is going to make life hell for us all.

If he will proceed in acting unlawful, you can complain to the local police or to the Women's aid.

You can find their page here:

https://www.womensaid.org.uk/

Many kinds of domestic abuse are criminal offences and the police can arrest, caution or charge the perpetrator.

Most police stations have Domestic Violence Units or Community Safety Units with specially trained officers to deal with domestic violence and abuse.

You should call 999 in an emergency or 101 in a non-emergency or you can attend a police station in person to report an incident. Find information on all the UK police websites through the UK Police Service Portal at www.police.uk.

If the police arrest and charge a perpetrator, they will decide whether to keep them in custody or release them on bail.

There will usually be conditions attached to their bail to protect you from further violence and abuse. Make sure you ask for your crime reference number which you may need if you contact other agencies for help.

The Crown Prosecution Service will make the final decision on whether your abusive partner is prosecuted - you might have to go to court if they are.

Thank you.

Customer: replied 3 months ago.
He is not violent just abusive and does not care if the children are present.

I understand. The legal advice above is applicable to your circumstances.

If you can't reach an agreement, you must follow the steps I have instructed above.

Thank you.

C.Cornel and other Law Specialists are ready to help you
Customer: replied 3 months ago.
Many thanks for your advice.