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URGENT please can anyone help re civil partnership break-up?

3 replies

bigredtractor · 06/05/2014 09:22

Hi, apologies in advance for being a tad vague on some things but I'm trying not to be identifiable.

A family member has a civil partner of 2 years. My family member 'A' has een hospitised with a medical problem. Her partner 'N' has used this opportunity to end their relationship - communicated via us, the family, not directly to A.

N owns their house (which she bought before they met) but A put a chunk of capital towards paying off the mortgage (over £20k so significant).

N is refusing access to A's family to collect any clothes, toiletries, anything at all. N is also saying that she's going through A's things with a view to throwing her out, which is causing A a lot of distress.

can anyone advise where A stands legally re her posessions and her interest in N's house (which they lived in together). She is effectively being made homeless by her partner. Can anyone insist on access on A's behalf to collect belongings since A cant go herself?

thank you

OP posts:
Collaborate · 06/05/2014 10:01

A has a right of access to the property. N cannot throw A's belongings out, but if she drops them off with A's family there's little that can be done.

A can seek a court order requiring N to allow her access to the property.

If the CP is dissolved the court will decide what should happen to the house. It's been a short marriage, but A put £20k in to the property. A will need to get some legal advice if she wants to find out what she's likely to receive from the courts. That will then inform her of what she should try and seek in negotiations. Negotiations may take place though a solicitor, or via mediation or Collaborative Law.

If A doesn't want to return to the property to live, I suggest a family member contacts N to arrange a time to collect her things.

bigredtractor · 06/05/2014 15:00

Thank you Collaborate

I dont think A knows what she wants yet re the house (I.e. to accept that its over or to try and live there again / reconcile), its all so sudden. And she isnt really in a position to decide or access any advice.

we're trying to understand whether N's behaviour is legal (it isnt reasonable! ) to see what we can do on A's behalf. We're also trying to talk to N directly where we can, to keep dialogue open.

OP posts:
babybarrister · 07/05/2014 21:08

This reply has been deleted

Message withdrawn at poster's request.

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