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Divorce/separation

Looking for a bit of advice re separation

1 reply

JillyWillyPops · 12/09/2012 20:39

I am currently living with (d)p. We have been together for 13 years and have 2 ds (7&2). For the past year and a half I've not been happy in our relationship due to numerous let downs by dp.

I looking to find out what would happen if I was to suugest a separation. The house is mortgaged in dp's name due to my financial history and I pay him half of the mortgage each month by standing order. I also pay for other household bills (sky, tv licence). Dp has never contributed any money towards the boys and i buy them everything. Dp says that he shouldn't have to pay as I get child benefit for them!!!!!

Anyway, around a year ago I had a one night stand (I know it's wrong and I don't need flaming) but this made me realise that I no longer loved dp. I have been trying to pluck up the courage to end the relationship but have not got there quite yet.

Does anyone know where I would stand with regards to entitlement to the house/equity from the house as I don't think i'd be able to get a mortgage on my own due to previous finances.

Thanks

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Collaborate · 12/09/2012 23:13

If you're unmarried you can only claim an interest in the property under land law principles - that means establishing the existence of a constructive trust, resulting trust, or proprietary estoppel. Complex legal concepts the lot of them, for which you'd need legal advice from a specialist. Look on the resolution.org website for one near you.

If the kids will live with you you have the chance to ask the court to allow you to remain in the property with them until they grow up.

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