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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 35054
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Me and my partner both live in a house which was purchased 4

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Hi , me and my partner both live in a house which was purchased 4 years ago but in my partners name as she had a better credit rating ....i was involved an everything right from the start from setting the mortgage up to finding the property , i pay most of the bills including the mortgage and the loan we took out to upgrade the property which i have done since day 1 as i am the main earner in the house . we both have a 7 month child together but are not married but engaged ... my question is if we were to separate where would i stand as the house is not in my name and we are not married , and would marriage make a difference ? thanks in advance .

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did you protect your interest with a Declaration of Trust at the time of the purchase?

Was it always agreed by both of you that it was a joint venture?

Customer: replied 1 year ago.
no declaration of trust in place as we were planning on getting married which we held back as my partner got pregnant and had our daughter 7 months ago , it was always agreed that it was a joint venture as a couple , the only reason the property was purchased in my partners name was because we were both first time buyers and she had the better credit rating .

Is separation a possibility?

Customer: replied 1 year ago.

How much is the house worth and how much is outstanding on the Mortgage and Loans?

Customer: replied 1 year ago.
house is valued at 90k 68k outstanding on the mortgage and the loan was for 8k not sure how much is left on that but 3 years into a 5 year loan so less than half i guess give or take
Customer: replied 1 year ago.

My apologies for the delay

The fact that you are not named on the Deeds on the face of it means that you have no legal interest in the property.

HOWEVER it is clear that this was always meant to be a joint venture and you have clearly been a considerable financial contributor which means that you do have a potential financial claim on the equity - and could make a claim using the Trusts of Land and Appointment of Trustees Act if need be.

You can read more about such claims here

If you were married matters would have been easier as there would have been no doubt that the property was a matrimonial asset to be shared between you

However you need to be aware that the priority will be the housing needs of the children and you may well have to wait until the child is 18 to recover any money from the property.

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Property Law Specialists are ready to help you