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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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ive lived with my partner for 13 years, not married and no

Customer Question

ive lived with my partner for 13 years, not married and no children together. House is in his name and i recieve incapacity benifit. my partner works full time abroad. partner has ended the relationship and wants me to move out. all utility bills are in my name. do i have any legal rights and can he force me out of the home
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

How have the household expenses (eg. mortgage repayments, bills, food etc) been paid and has there been any capital expenditure (eg. improvements) on the property which you have paid for?

 

Tom

Customer: replied 4 years ago.
mortgage paid by parnter, bills sometimes paid by me & some food. no improvements on the property paid by me
Expert:  Thomas replied 4 years ago.

Hi,

 

Right, it's not good news I'm afraid.

 

If you are not name on the title to the property then you would have to establish a claim under the Trusts of Land & Appointment og Trustees Act 1996 on the basis of the contributions you have made. On the facts, this would not be possible because the Court would take the view that you would probably have paid more in expenses if you were renting private accommodation.


Such a claim would also be very expensive in legal fees.

 

You probably occupying the property under a form of licence. If he wishes you to move then he would have to serve you "reasonable notice" and usually this would be around a month, but given the length of time you have lived together I would view it as fair for this to be longer, perhaps two or three months. He could apply for a Court order if you do not leave after notice has expired.

 

Taking a pragmatic view I should think it best that you focus on amicably attempting an agreement for you leaving the property that would buy you both some time. Try to avoid inflaming the situation but appeal to him to acknowledge that you need time and understanding to move on.

 

I'm very sorry it could not be better news. If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6423
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 4 years ago.
as the house is fully furnished & he earns 20k a month abroad, could he take me to court if i took some of the furniture with me. he wont answer any of my calls to discuss this.
Expert:  Thomas replied 4 years ago.

Property that has been bought jointly together is assumed to be owned equally unless there was an understanding that it it was to be owned in shares.

 

Property that you have not contributed to you cannot take, it is still his regardless of how much money he earns abroad I'm afraid and you could conceivably be subject to criminal proceedings if you do.

 

You are going to have to try and establish a dialogue with him (email perhaps, or SMSs) as to what is to happen with those items you have jointly bought. If he does not answer then you cannot take all that is jointly bought but you should put him on notice of what you do intend to take to represent your share of those jointly owned items.

 

Thank you for your very kind accept.

 

Tom

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