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SS Legal Advisor
SS Legal Advisor, Advocate
Category: Law
Satisfied Customers: 1046
Experience:  Senior Caseworker at DL Solicitors
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I have been with my partner for 9 years we have 2 children

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Hi, I have been with my partner for 9 years we have 2 children and have purchased 2 properties along the way. We are not married. I had a declaration of trust drawn up for the first property but when we sold it he refused tl To get another for our current home. I want to leave but I don’t want to uproot my children and unsettle them. Where do I stand with the property
JA: Where are you? It matters because laws vary by location.
Customer: Ws13 8js - Lichfield, Staffordshire
JA: What steps have you taken so far?
Customer: Non I just want to leave him but need to get my affairs in order
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Hello,
I am an experienced legal advisor and I am happy to answer your question.Can you please advise how the current property is held? Is it jointly owned or is it a tenancy in common.If you own part of the property you have a right to reside but so does he.As you are not married the matter is not something for the court to deal with as part of a divorce. What you should do ideally is reach an amicable settlement with your partner and act in the children's best interests.Due to the lack of declaration of trust a negotiation of how to deal with the property will have to be made. It might be that you could buy out your partner so that the children are not uprooted.Kind regards
S
SS Legal Advisor and 5 other Law Specialists are ready to help you
Customer: replied 8 days ago.
His name is ***** ***** mortgage
The first house I paid the whole deposit as he didn’t have any money, we renovated it and split the costs 50/50 we sold it made around 50,000 in profit. We brought a second house renovated again and have been estimated by an agency that we have put on nearly 100,000He is not the kind of person who who will do anythin amicably
1. You may have an implied declaration of trust.
2. You should always try mediation first as it is required by the court unless there has been domestic violence.
3. If you can agree to be put on the mortgage and title deed before leaving then you'll be better protected. You should be tenants in common with a declaration of trust for the percentage of ownership. You can change the title deed ownership using a TR1 form.
4. You can get a mortgage to buy him out.Best of luck
S