My sister has been living with the same partner for 30 years. He left in May last year. He has asked that they sell their home as he says her can't continue to pay the mortgage.
Her position is this. They have never been married. They had one daughter together who is now living in her own house with her own children. She had two sons before their relationship started.
They jointly own the family home and three rental properties. She works part time bringing in about £800 per month. He is a self employed sole trader and has no idea of how much he brings in.
He is of the opinion that she should get 50% of the sale of the family home after mortgage is paid off. He has not mentioned anything about the rental properties and she basically leaves the running of them up to him. However at the moment due to maintenance issues (he is the maintenance company) there is no tenant in one of them.
I have advised that she should get 50% of all fo the properties and that if he only sells the family home she should receive higher percentage and he can keep the rental properties. She has no control over their condition and he appears to be letting them to ruin.
She is 62 years old so only 4 years off retiring. What do others think? Could she reasonably ask for more from the property pot to give her security in her old age? He is 12 years younger than her by the way. and earns about 4 times what she earn.
Views please. I am trying to advise but she is so gullible and naive She just seems to accept whatever he tells her.
thanks. As said before. ALL properties are jointly owned. Joint mortgages and joint ownership of everything.
My concern is that they have never married. If they can't come to a decent agreement for her what is there route of settlement?
Assuming that the usual route for divorcing couples does not apply i.e family courts? Or does it?
Having used the divorce calculator
on here it might be a case of 60% and some maintenance. But, again, as they weren't married what then?
I keep telling her to go and see a solicitor but she seems to be too lethargic due to the shock of it t(and possibly the antidepressant drugs) to do anything. I think she is thinking if she doesn't kick up he might come back?
They have never been married so they can't get divorced, they don't have children younger than 18 so she cannot use the children's act to gain capital or the
child maintenance service to gain income.
As joint owners of everything a 50:50 split would be how it would be split but it's not going to come under family law, it's more just basic property law. She is going to need to speak to a solicitor who specialised in property law and then they will be able to help her figure out exactly how to split everything and coordinate with her ex.
As they've never married basically what is hers in her name belongs to her and what is his in his name belongs to him.
Jointly owned assets like the houses will be owned 50/50 unless stated otherwise so it does sound as if he will be entiled to 50% following the sale. On the other hand your sister owns 50% of the equity in the rental properties.
If there are any disagreements about selling etc they would have to use property laws to settle it.
As they're [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]not married[/url] you can't use the divorce calculator
or family courts. There can't be a claim for spousal maintenance or redistribution of assets if you don't have a spouse.