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Legal matters

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Rights to house in separation

18 replies

Birchtree1 · 09/09/2024 14:26

My partner and I have been together for over 13 years, we have 2 children together but are not married.
We are both on the deeds of the house. He has been paying the mortgage and bills most of the time as I was at home over 3 years total on maternity leave and also due to relocating due to hi work.
My salary is generally the fun money. Days out, clothes and shoes for all of us, treats, house stuff. But also for child care, sacing for the children etc.
Am I right in thinking as I am on the deeds I will be entitled to half the house?
I spoke to a family solicitor who said she can't advise me as we aren't married? I then tried to make an appointment with a financial guy in their firm but was told they will only advise me on the house , not cma, pensions, any other split entitlement. The initial consultation is 260 pounds but only ad ice re the house nothing else. Which seems a lot knowing I am 9n the deeds? Am I wrong?
Initial family solicitor said she couldn't comment on finances as we aren't married but I now have been told she can!? Her fees after first consultation ( where she said she can't comment on any financial stuff) are £450 and hour.
I have to work a lot of days to afford this and am not entitled to any support as we have to much equity in the house. I can't remortgage the house for this as I am also trying to get this information quietly.
For context, my partner was arrested for assaulting my not yet teenage son but it has ended in an NFA as my son wouldn't and couldn't give a statement.
I would really appreciate any advise. I know its better to speak to solicitor but also can't afford these charges . Already have an appointment with family and a cess side of things scheduled.

OP posts:
Mrsttcno1 · 09/09/2024 14:41

Do you both own the house as joint tenants? If so, then technically you both own 50%, and so if the house is sold then you both get 50% of the equity- but that relies on the house being sold and depends on what equity is left. He could buy you out and take over the mortgage if he wants to keep the house, or if you wanted to keep the house then you would need to buy him out and take over the mortgage.

Mrsttcno1 · 09/09/2024 14:42

Also to add if he refuses to sell the house then you can go via court to force sale, but that is expensive so better to try and discuss with him first.

LadyDanburysHat · 09/09/2024 14:47

Agree if joint tenants then you will be entitled to half of the house. However you also mention pensions, I'm pretty sure as you are unmarried that there is no split due there at all. The only split will be any joint assets you have.

Mrsttcno1 · 09/09/2024 14:48

LadyDanburysHat · 09/09/2024 14:47

Agree if joint tenants then you will be entitled to half of the house. However you also mention pensions, I'm pretty sure as you are unmarried that there is no split due there at all. The only split will be any joint assets you have.

This is correct, as unmarried you have no claim at all on his pension or any personal savings he has. The only thing you can claim would be the house if owned as joint tenants.

AnywhereAnyoneAnyTime · 09/09/2024 14:49

As above.

You’re not married so you won’t be entitled to anything apart from maintenance if you have children together.

FriendlyNeighbourhoodAccountant · 09/09/2024 14:49

Are you joint tenants or tenants in common? Joint tenants you'll be entitled to 50%, tenants in common you'll be entitled to whatever the % split is when purchased (potentially still 50%).

You aren't married so pensions won't come into it, he keeps his, you keep yours. Maintenance can be calculated and sorted via CMS, there's no obligation on him to pay anything in excess of that.

Mickey79 · 09/09/2024 14:57

The house equity would usually be 50/50 each, unless either of you protected a deposit or ownership is an unequal split. Pensions, savings etc in your own names wont be considered for division, you’ll both keep your own. You aren’t married. Is your ex on a very high income?

Birchtree1 · 09/09/2024 15:00

Thank you! I am not sure what we are. We had a legal agreement for last house. Not for this one. I only know I am on the deeds ?
Our earning is very different....he earns 4 times what I do and had a bonus of 50% of his salary this year on top of this. I do work 26 to 36 hours a week in a skilled role and run an Airbnb and do kids and house stuff. So I am not a scrounger!

OP posts:
Mrsttcno1 · 09/09/2024 15:03

You need to find out what you bought the house as (i.e. joint tenants or tenants in common) to know for sure your entitlement to the house.

But irrespective of his earnings you would only be entitled to your 50% of the house if owned that way, not any pension/savings etc, and all he will have to pay you is CMS.

BarbedButterfly · 09/09/2024 15:06

Gently it doesn't matter what anyone thinks, legally you need to find the split on the deeds. You will get CMS but no pensions, no savings in his name etc.

Birchtree1 · 09/09/2024 16:24

I thought we were tennants in common but have no legal agreement on this house, had one on last house.

OP posts:
FriendlyNeighbourhoodAccountant · 09/09/2024 16:26

Birchtree1 · 09/09/2024 16:24

I thought we were tennants in common but have no legal agreement on this house, had one on last house.

You can purchase a copy of the deeds online and it sometimes shows on there. Or you could call the original conveyancing firm and ask.

Birchtree1 · 09/09/2024 16:33

So, is it worth to pay a solicitor just to tell me this?
We were talking mediation for split in regards of house and kids.

OP posts:
ElderMrs · 09/09/2024 16:49

You need to know if you're joint tenants or tenants in common.

You will be entitled to child maintenance. Put his salary into the calculator.

If you were not married then you're not entitled to any of his assets such as pension.

So in theory you can expect a % of the equity in the home, and child maintenance.

Birchtree1 · 09/09/2024 16:53

Does child maintenance factor in bonuses (boni)?

OP posts:
pinkfleece · 09/09/2024 16:54

You bought the house together? it'll say on the conveyancing how you own it.

FriendlyNeighbourhoodAccountant · 09/09/2024 17:02

Birchtree1 · 09/09/2024 16:53

Does child maintenance factor in bonuses (boni)?

Yes it does.

Birchtree1 · 09/09/2024 18:38

I am pretty sure re the deeds but will request a copy.
Interesting re bonuses as this would mean I should get more child maintenance. It is %12 of his pay before tax minus the bonus at the moment.

OP posts:
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