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  • meandthedogs
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19 Mar 14 #426552 by meandthedogs
Topic started by meandthedogs
Me and my ex separated 2 years ago after 25 years of cohabiting, during the 25 years we owned several business`s and properties, most of which were only registered in his name (except for a house we owned in Spain) - even though the others were not in my name they were considered to be `ours` and I do have it in his own writing, that these assets were indeed `ours`.
The Spanish house has now been sold and I have my share but despite my repeatedly asking him, he refuses to discuss a plot of land we own in Essex, so my questions are do I have any legal rights to the land and if I get a solicitor to act for me, would I need a specialist in divorce or would this matter be covered by another legal field ?
Any help would be much appreciated.

  • LittleMrMike
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19 Mar 14 #426558 by LittleMrMike
Reply from LittleMrMike
If you''re not married, you need a specialist in property law.

What a solicitor will do, first of all, is look at the deeds. These should spell out the respective interests the parties have in any particular property.

If the deeds say, for example, that the property is owned equally, then the presumption is that this is the case. If either party maintains that it should be different it is up to them to prove it.

It is possible that one party or the other may be able to demonstrate that their share should be higher than that specified in the deeds. This can be done, for example, by establishing financial contributions, or doing work on the house, contributing towards the mortgage, but not paying normal house hold expenses.

This in the case of Stack v Dowden, where the parties started off owning equally, their shares were altered to 66.6/33.3%, excuse arithmetic.

You definitely need legal advice, from a property specialist. If he doesn''t know what you mean by proprietary estoppel, constructive or resulting trusts, find someone who does.

LMM

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19 Mar 14 #426570 by meandthedogs
Reply from meandthedogs
Thanks for your help, the plot of land is in his name only - but has always been considered to be `ours` - do I still have a case ?

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