Insights
My partner and I are not married. The family home is in my partner’s sole name but I have contributed towards the mortgage throughout the years that we have lived together. Do I have an interest in the property?
If the property is held in one name only the most important first step is to protect your possible interest by registering a Restriction to stop your partner selling or remortgaging the property without your knowledge. Whether you have an interest in the property will depend on Property Law and Trust Law. It is a complex area of law and if you think that you have an interest in a property because you have contributed in some way or a promise has been made to you that you will be entitled to a share of a property you should seek legal advice.
The property is in our joint names but I want the property to be sold.
What can I do?
If the reason you bought the property has now come to an end (i.e. you purchased it for a family home and the children have now left), you can apply to the Court for an Order that the property be sold.
He has supported me for a number of years while I have looked after the children. Can I obtain financial support from him or her?
You cannot obtain financial support for yourself but you can apply to the Child Maintenance Service (CMS) for child maintenance. Alternatively, you can agree between yourselves that your partner will pay you a fixed amount each month in respect of child maintenance and so not involve the CMS. You may also be able to make an application under the Children Act depending on the circumstances of your case.
As cohabitees have few rights and the division of assets between a separating couple will be based on property and trusts law alone, it's a good idea to prepare a cohabitation agreement.
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