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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 15443
Experience:  Senior Associate Solicitor
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I'm just looking for some advise, Kingston upon hull, none,

Customer Question

hi I'm just looking for some advise
JA: Where are you? It matters because laws vary by location.
Customer: Kingston upon hull
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I've been in a relationship for 15 years we are not married and have 3 children I have just found out he's been cheating but my names not on the mortgage and he's refused to give me and money for me and my children
Submitted: 12 days ago.
Category: Law
Expert:  JimLawyer replied 12 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 12 days ago.

You have limited rights with the fact you are not married. However, he has to pay child maintenance if you separate and live apart, as the non resident parent.
In terms of the house, if he is on the mortgage then he owns it, legally speaking. You could apply to the court for recognition of a beneficial interest (meaning you would be viewed as a co-owner) if either :
1. you paid towards the mortgage, or deposit to purchase, or signifiant home improvements - this would be a beneficial interest; or
2. there was a common intention that the house was also to be considered to be "yours" - this would be a constructive trust.
An application to court would be required for this and you should use a law firm - we cannot do this for you as we are an internet forum and we can only give general information and guidance from a legal standpoint.
Here are a few law firms for you who could assist you :
1. http://www.rcsolicitors.co.uk
2. http://www.sleeblackwell.co.uk
3. http://www.samconveyancing.co.uk

Customer: replied 12 days ago.
thank you
Expert:  JimLawyer replied 12 days ago.

Each case is different but you have been together for many years and have 3 children - if you click on this link and scroll down to "do the courts take in to account if you are in an intimate relationship and not married" : https://www.samconveyancing.co.uk/news/conveyancing/constructive-trust-how-to-prove-an-implied-or-express-agreement-5556#how

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Expert:  JimLawyer replied 12 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim