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a solicitor expert in finance and disabled child

  • bardonbardon
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17 Oct 11 #292918 by bardonbardon
Topic started by bardonbardon
First time here.

my partner (not married) of 20 years wants to separate - she has someone else going on, says this is irrelevant and that she wants to experience 'freedom - something else'.

we won a house together although she put more equity in. we have a child with learning disabilities aged 15. during the 20 years i have spent around 15 being the home maker and my partner has developed a good public sector career with a high salary and pension. I have a tiny pension generated over he last two years when i went back to work as my child is in a residential school during the week.

i believe that my partner has put some money aside in an undisclosed savings account (i saw something on our computer, this could be as much as £20k). 'our' equity in the house will be around £250k. i have no savings.

my partner has suggested that we share the house 50:50 ie each of us being at home for a week then the other etc. i feel hat this will be difficult for me emotionally but she is trying to force me to agree to it. whenever our children have had a crisis i have always been the one to give up work and i expect that when she finishes school the leaning disabled one will have to be at home. given the choice the child would probably wish to be with mum but she is not entirely a stable child, has mental health problems, and my partner would no doubt just wish to buy in care whereas i would be keen to do the actual caring.

it looks like it is going to go horribly wrong soon as my partner seems impatient to do her 'something else'.

where can i find a suitable solicitor who would have specific knowledge about these issues? Pension, equity, custody, learning disabilities...

really need help
thanks

  • .Charles
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17 Oct 11 #292921 by .Charles
Reply from .Charles
Some, but not all, family solicitors will be able to help. You have issues involving children which sits squarely in the expertise of a family solicitor but you also have a civil issue in relation to the property.

As you are not married the property cannot be dealt with under the Matrimonial Causes Act 1973 - it will have to be dealt with under the Trusts of Land and Appointment of Trustees Act 1996.

However, it is possible to make application under the Children Act 1989 for an order in relation to the property. This is particularly relevant if one parent is the main carer of the child(ren).

The first thing to consider is how the property is held - are you joint owners? If you hold the property equially in joint names, there is not a lot a person can do to justify a claim for more than 50%.

Charles

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