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What are my chances of getting anything if we end in court? (separating but not married)

(8 Posts)
Iamamesswhy Wed 28-Sep-11 22:39:38

I am separating from ExP, we never married but bought a house and have a DD (2 years old) together. It was my desicion to separate and I had to move out of the property we bought because he was not willing to move out and the situation was unbearable for me and having an impact in DD.

I went to mediation yesterday to assess if mediation is suitable for both of us. The mediator mentioned that his new solicitors (he changed them in July) are not pro-mediation and he had already declined to go to mediation previously.

There is a declaration of trust that says I am entitle to 35% of the equity of the property we bought. However he believes that because I have never paid towards the mortgage, morally I am not entitle to anything. I paid for the bills and the food before my maternity pay ended. I didn't put any money as a deposite, he did. We lived together on thathouse for 4.5 years.

I don't think he will come to mediation so I really need some advice of what is my situation and which are my chances of getting anything if we end in court. I gave up my job after my maternity leave finished to look after DD, we both agreed it was the best thing. He is living in the house we bought and has kept all the furniture we bought together even DD cot. I had to rent a house for DD and me.

Any advice much appreciated. Thank you very much

Collaborate Thu 29-Sep-11 00:11:04

You can't get less than 35% - and might have the temporary use of some of his if you need it to rehouse the child.

Do you not have a solicitor?

babybarrister Thu 29-Sep-11 12:08:09

go on resolution website and find yourself a specialist family solicitor who likes doing Schedule 1 Children Act/TOLATA claims

Iamamesswhy Thu 29-Sep-11 12:41:38

Thank you both.

Collaborate: I do have a solicitor but she does not seem to be advising me, she just follow what I tell her. That is why I need to search information on my own. I have asked her my possiblities of getting anything and her answer was that it will depend on what will happen in court, I was not aware that we would get at least 35%. have rehoused DD already so I don't think I will temporaryly used any of his share unless I can have some to return money friends have lent me to be able to rent the house we live in.

Babybarrister: I willchack the act you have mentioned and she what implications have for us. I will also chack if my current solicitor uses that act.

I guess this will beome a long battle which is what I was trying to avoid. Also do you have any advice on relocation. I am currently unemployed and I have been offered some work in the south of England (we live in the north). Do I need his consent to move? If this is the case he won't give it to me so what could I do instead?

Thanks in advance

cestlavielife Thu 29-Sep-11 13:53:58

the starting point would be 50/50 - tho as there is delcaration of trust for 35% then as was said; at least that.

in my case, i moved out, for three years i paid all mortgage while exP didnt work, but that didnt come into it - starting point for joint owned was 50/50.

this was agreed by court (TOLATA and schedule 1 combined) - i was not arguing i should have more than 50%

but because i need some of his share to rehouse (am currently renting and would like to buy ) under schedule 1, I am to be able to use some of his share to put as deposit for property for me and dc. it is sitll "his" and reverts to him when youngest finsihes full teim education (ie i would have to buy him out of the property or sell up and downsize) [at the moement still trying to sell so dont yet know how much will actually have...]

but the starting point for division of equity was 50/50 - regardless of who paid what to mortgage over the years. however in your case as you have the 35% declaration then you might not be able to push it up to 50% .

cestlavielife Thu 29-Sep-11 13:56:53

a good barrister might be abel to se legally whether you have a case by intention etc to boost your real share to 50%? [regardless of how much of his share you might be able to "borrow2 for housing needs til dd is 18/21) eg by having dd together there was an implicit intention to jointly share everything?

eg declaration of 35% was before children - once you had dd with him there was a clear intention to share everything 50/50 so the fact he paid mortgage was natural as you were acting as man and wife.

Iamamesswhy Thu 29-Sep-11 15:40:30

Hi cestlavielife, the 35% is already 50-50 as his mum owns the other 30%. So I don't think could get anymore than that. But thanks for the usufull information. I will look into it and she how far I can push it.
Thank you very much

cestlavielife Thu 29-Sep-11 15:46:53

ah in that case is clear -his mum gets 30% and you and he share the 70% as 35% each...

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