Advice needed please

[Arabiannights01]

My partner of eleven years and I are about to split up because he no longer wants our relationship.

We have a two year old and I have MS - I am able-bodied however, MS prevents me from working full-time.

Approximately ten years ago, he set up a small business and I worked for him, helping him set - up, until I had our child. In hindesight, I was really stupid because I didn't ever receive a wage from him, we just casually shared the bank account that was in his name but I did pay for some of the household bills from my account. At the time, he always said that part of my wage was half of the mortgage payment. The house isn't in my name and so I want to know whether he can just kick me out of the house. We aren't married so that's another thing that won't go in my favour.

Please help.

Get legal advice now. You don't even need to leave the house. Google family law solicitors and ask for a call back to get an initial assessment. There are lots of online firms who do phone meetings.

Most law firms will give a free half hour to understand your case and you can ask lots of questions. When I started my divorce I did three "trials" before I picked a solicitor.

It is very possible that you can make a claim against the property and possibly the business.

I was married but not on the deeds for my ex's flat but paying the mortgage. My solicitor advised logging a special form with land registry making a claim against the property. My ex couldn't sell the property until I released the property when we agreed to our financial agreement.

Even though you are not married you still have rights so get a solicitor

Thank you so much Welshlady, it is good to know that I have rights. I will certainly get some consultations.

I’m not so sure you do have any rights, the house is not in your name and you’re unmarried but that is why you need to see a solicitor to advise.

I suspect all you’d be entitled to is maintenance for your child which may be hard to extract if your ex is self employed.

Welshlady is talking about matrimonial home rights. Unfortunately you don’t have them as you’re not married.

You took him in his word that you were paying half the mortgage. Trying to pursue this in court could be expensive and time consuming.

Not to be harsh but the law is clear. If you are not married and you do not have an interest in the property (you do not own the property as a
joint tenant or tenants in common)... Then you are entitled to nothing. This is regardless of any contribution you may have made in the past towards the mortgage. However you have a child that needs to be adequately housed until the end of fulltime education so may have legal rights to remain in the property. This will require a solicitor and as mentioned previously all offer an initial free consultation. You can phone a few to get an idea of what you may be entitled to, or not. Worse case, If you go to court, you may be able to obtain legal aid to mitigate court costs (not solicitor costs).

This is regardless of any contribution you may have made in the past towards the mortgage.
I don't think this is correct.

If you go to court, you may be able to obtain legal aid to mitigate court costs (not solicitor costs).

@JetSetGo Could you explain this please. Do you mean fee remission?

JetSetGo is not a lawyer and has been posting somewhat questionable "advice". They are referring to fee remission, not legal aid. And you are correct that contributions towards the mortgage may establish a claim on the property.

The starting point for a property owned by one party is that it belongs entirely to them but the other party may still have a claim if, for example, they have paid for improvements to the property, contributed part of the purchase price or contributed to mortgage repayments.