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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 1825
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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My first question is, is it possible to have been in a civil

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Hi my first question is , is it possible to have been in a civil partnership for 25 years plus and be entitled to a share of what we have built up , although the small holding was just land and the house property was in my partners sole name
JA: Where are you? It matters because laws vary by location.
Customer: hampshire in the south of England
JA: What steps have you taken so far?
Customer: well we have separated on what was initially amicable terms .. I have spoken to a local solisitor.. paid them £600 plus .... haven’t had a opinion as yet from them at all .. and now they’re asking for some £2000 plus with a initial meeting with a barrister , I’m advised at this stage to ask is it nessasary to go down such a expensive route when I don’t have the funds to peruse it this way ... as I’m told by friends that this could end up costing in excess of £15000 ... I’m advised to consult a online solisitor.. to find out the law a little ... and to see if it’s possible to do in a manner that I could afford
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no I think .. having never done this online before I would like to proceed to chat , oh my name is Steve

Hello my name is ***** ***** I can help with this matter.

I understand about the property, but could you also advise what other assets you have built up together and who they belong to please.

Customer: replied 6 months ago.
The tractors and farm machinery I have sold as she wanted them off the property, I have supplied gates sheep fencing 3chicken sheds gateposts hardstanding for a 40foot X 12ft barn and concrete pad for the muck heap
and the cost of building the barn all haymaking costs which was on approx 40 acres a workshop in the garden at the bungalow and all maintenance on the smallholding and some improvements to bungalow is knocking out open fireplace and rebuilding for fitting of woodburning stove. And paid for all incidentals for last 24yrs. I have engaged a solicitor to whom I have paid £620 at the moment he now wants me to have a conference with a barrister and been quoted £2000 , do I have a beneficial interest and if so is there any other way to go about it bearing in mind that I did not receive any wages during the 24yrs and my partner took all money from sale of sheep/turkeys/ and dog sitting.

Thank you I will revert to you once I am home this evening. I hope that is ok

Customer: replied 6 months ago.
this was not a civil partnership but a co habiting partnership

Apologies for the delay and hopefully I can help. This is quite a complex situation. Normally, if you are not married and the property is inn her name, even if you have paid half the rent the entire time you have been there. You are entitled to nothing. However, there is case law whereby if a partner has made "considerable contributions" to the home then there is a potential for some entitlement. So I would advise that it is likely you have a case here. Sadly, as this is case law each individual case will be based on their own merits. Therefore I am afraid you will require the help of a solicitor. I will provide you a link for the Law Society. I would advise shopping around and see what different rates you can get as you will get some who will charge more than other. It is likely that you would be able to make a claim for legal fees but this isn't always possible or easy, and again your solicitor would be able to advise based on y our case. However, to answer your question then it looks like you would have the potential to make a claim, however, you should perhaps look and see if you can use a mediator and come to an agreement prior to paying high legal fees, hopefully your ex partner will also see that this would be beneficial to save them costs too.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

Kind regards

Ross

Customer: replied 6 months ago.
i do not have access to case law so could you please send me a example, i could then write to her quoting this example and that i have engaged a solicitor with a view to mediation, before i take it any further as it will cost both of us a great deal of money in defending it. Of course i will write a review when we have finished this conversation.
Customer: replied 6 months ago.
Heiio is therea reason why i have not received a reply to my question
Customer: replied 6 months ago.
Did you wish to speak on the matter

Hello, just a quick note to let you know this isn't a live chat service, I will, of course reply anytime I am online.

There is not any specific case law which you would require to deal with this matter, what I mean was that it has been established through other cases, this is now the legal position of the courts when someone has made a substantial contribution to a property. You can't quote case law for these types of issues as no two are ever the same, there won't have been anyone in your exact position before so the court would deal with this on the merits of your own case specifically. This is exactly why we would always advise to try and resolve as much as you can (if not all) at mediation. If it does go to court then you will present all of your evidence to the Judge such as bank statements proof or purchases, bank transfers etc. (your representative will keep you right). The Judge will then take everything that has been presented into consideration and make a judgment based on the merits of you case specifically.

To find a mediator in your local area, use this site :

http://www.familymediationcouncil.org.uk/find-local-mediator

In order to apply to the court, you will need to fill out and send form C100 (copy attached) with a cheque of £215 payable to HMCTS to your local family court centre. Or you can ring the court and pay over the phone (or pay in person if you go directly to the court and pay at the counter). If you are on low income/have low savings you can apply for a fee exemption here:

http://www.gov.uk/get-help-with-court-fees

Once you apply the court will list a hearing where you and your ex attends. There will be a family advisor there too (from Cafcass) and if arrangements can be agreed then a consent order will be drawn up.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

Kind regards

Ross

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