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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24640
Experience:  Senior Partner at Berkson Wallace
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My partner for 20 years. Kicked out of the house yesterday.

Customer Question

Hi my partner for 20 years. Kicked out of the house yesterday. I have lived there for 10 years and gave her money monthly for son and house expenses. I asked for sometime to find a rent property and also in. Pandemic and over 50. The house is hers and has been for 20 years. What can I do
JA: Where is your partner? It matters because laws vary by location.
Customer: What u mean county England liverpool
JA: What steps has your partner taken so far?
Customer: Kicked me out yesterday and took my key
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Im suffering from severe anxiety due to covid and lost mum dad. I just want to move out in orderly fashion. I said I wil come back sat sun to see son then go Monday. No comprise
Submitted: 20 days ago.
Category: Law
Expert:  Stuart J replied 20 days ago.

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What have you paid towards the property in last 10 years?

and is she not allowing you to collect your things?

Customer: replied 20 days ago.
Is there any charge additional at present. I pay her 750 to 825 each month for the house and son school costs
Expert:  Stuart J replied 20 days ago.

You actually have no right to live in the property but if you have contributed to the mortgage or done repairs or anything like that you have a substantial financial interest in the property even though you may not be named on the deeds.

You can make an application to court under part 4 of the Family Law Act for a court order to remain the property but if you have no children depending on you it’s unlikely you would get that.

After 20 years living together you almost certainly have a large financial interest in the property and if she can’t afford to pay you then you can force a sale of the house although if she has a child under 18 you would probably not be able to do that until the child reaches 18.

No one can be compelled to continue to own/have money in a property which they no longer wish to own ( or in which they have a financial interest but not named on the deeds) and they are able to force a sale through the courts if necessary.

The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).

Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.

Check  house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.

The wording of the application is along the following lines:

Therefore the claimant makes a claim pursuant to s.14 Trusts and Land and Appointment of Trustees Act 1966 (TOLATA) pursuant to Part 8, for the following

i   A declaration that the Claimant and Defendant are 50:50 beneficial owners of the property, (or whatever percentage a claimant is looking at depending on whether there is a declaration of trust, it’s tenants in common in different shares or depending on any financial input into the property if the property is only one name.)

ii  That the property be sold:

iii That there be an adjustment of the financial shares to account for the additional money spent by the Claimant in excess of the agreed £20,000 project fund, the council tax, electricity and occupation rent for the period of time the Defendant has enjoyed sole use of the Property.

iiii Costs

If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.

It is often the case  that a robustly worded letter from a/your solicitor threatening a court application and an application for costs, may resolve the issue without the need to go as far as court.

On your house insurance you may have legal expenses cover that would pay for the legal cost so it’s worthwhile checking.  Some do and some don't.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards