Intro- Do I belong

I don't fit any of the categories. My partner of 35 years left at the weekend. We never married. We have 2 kids though. There is no 'divorce' as such. In fact, I have no idea of my rights or anything...He thinks it can all be 'amicable' - no lawyers etc. But I have no money and mortgage is joint. Whatever he says now may not hold further down the line. I gave up career to support him and raise kids. He has his own business and twice we have lost homes as he struggled to make business work. I stayed true and hung in there, but this holds no water. I don't think there is anyone else - it's some sort of mid-life crisis, but I need to find a way thru this and a future. Any feedback, advice etc would be hugely appreciated. I am new to everything about this, including using the web like this, so bear with me if I seem daftly naive...

Yes, that is a nasty situation for you, and your case is a good reason why the Government asked the Law Commission to look at the matter. Having had the report they seem to have kicked it into the long grass.

As I understand your position, if you are not married, you cannot claim spousal maintenance for yourself.

His liability to maintain dependent children ( if the children are still dependent ) depends upon the fact of parenthood and not marital status.

As regards the house, your position may have been improved by the recent House of Lords decision in Stack v Dowden,but I don't claim to be an expert on the subject. I suggest you might try the free half and hour service offered by wikivorce. It is very much a specialised subject and probably beyond the reach of most contributors to this forum.

Mike

Hi I did have a post here which I got from the guardian but the information is no in force abd therefore did not want to mislead anyone. Thanks Amanda for pointing this out.

Post deleted.

Saffy x

Hi Stella

Don't know about the legal stuff but just wanted to welcome you to Wiki and to say yes you do belong. The guys on here will help where they can, as you can see.

wish you well and good luck.

Conners

I agree with Conners, Wiki is welcoming.

hi stella

im no legal expert so I cant offer you any advice..

but you belong here hun...so many people have lots of experience is so many different ways....

you will find all the support you need and deserve right now..

stay with us..

take care
Daisy
xxx

Hi Stella

Unfortunately in your case you have to rely on centuries old trust law to establish what your share of the property is, although I am heartened to hear there is a joint mortgage as this is very highly likely to at least establish you have some form of share, unlike many women in your position who cannot even get that far. In this area of law there is no concept of "fairness" it is all about strict property rights.

However, to establish what that share is likely to be in order that you can negotiate with your partner you do need to take legal advice as to the likely range of outcomes.

As Mike says, there is no spousal maintenance in this area, although children are protected by the laws relating to child maintenance, which are something you need to investigage.

In terms of other assets of your relationship, you may have a claim if you were engaged and that engagement has not ended in the last three years under the Married Womens Property Act, but if not sadly who owns other assets will depend on who can prove ownership.

Sorry it is not better news.

Amanda