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Following a breakdown of relationship, our Family Law team were instructed to act in relation to a family dispute around a property. Advice was sought on whether financial claims to the family home could be made, and the negotiation of a settlement.
We were instructed to act for Ms X following the breakdown of her relationship from her partner of 15 years, Mr Y. They had chosen to set up home together, and had two children, but the family home had always just been in Mr Y’s sole name. Ms X thought that she would nevertheless have a financial interest in the family home, having always believed that there was such a thing as “common law man and wife.” Ms X sought our advice on whether she was right, what financial claims she might have as against the family home and otherwise, and how she might negotiate a settlement with her now ex-partner.
Mr Y purchased the family home in his sole name in 2013, but it had always been the intention that this was a home for the couple together, and indeed their children. Ms X was therefore devastated when Mr Y told her when their relationship ended that she should simply move out and that she would now have to stand on her own two feet financially without any financial support or payment whatsoever from Mr Y. Ms X had worked throughout the parties’ relationship and earnt a good wage. She had contributed regularly towards the mortgage. Ms X had also paid a chunk of the mortgage when she received a lump sum inheritance following her uncle’s death, and also used a bonus she received from work to extend the kitchen. The stakes for Ms X were high; she stood to walk away from a relationship of many years with nothing if Mr Y got his way.
We advised Ms X on what her legal position was and how the dispute between her and her ex might be resolved. Ms X was advised that irrespective of the family home being in Mr Y’s sole name, she should seek to argue that there had been a common intention for her and her now ex-partner to share equally in the “equity” in the property, and that as a result either the family home should be sold and the net sales proceeds be divided equally, or one party should be allowed to “buy out” the other for a lump sum. Ms X was also advised on the additional claims she might have against the family home in connection with the children, and also about claims that might arise under the Child Maintenance Service regulations. Ms X was then advised of potential ways to outline her position to Mr Y and work towards an agreement, eventually deciding to appoint a mediator to help the couple work towards a settlement. Ms X was also advised about the advantages and disadvantages of court proceedings. In the event, Ms X decided to invite Mr Y to mediation, with our advising her in the background.
Mr Y agreed to participate in mediation. After several sessions an agreement was reached under which Ms X received a lump sum payment from Mr Y which she could then use to buy a new property. Mr Y also received legal advice himself alongside the mediation process and having been informed of his legal position, he adopted a different position in negotiations than he had in the immediate aftermath of the relationship breakdown. The mediation also allowed the couple to discuss various other issues, like how the children should be sharing their time between parents. The acrimony which existed when Ms X first consulted Franklins passed and the parties reached not only a legally binding agreement with regard to their former home, but also a positive approach to parenting post separation which will be of benefit to them, their children and wider family in the years to come.
Ms X came to us distressed and overwhelmed, and extremely worried about what her financial future would look like if she walked away from her relationship with nothing. Instructing Franklins meant Ms X was empowered having learnt about her legal position. Armed with that knowledge, she was able to take informed and positive steps towards securing a better outcome following the breakdown of her relationship. Furthermore, the advice given by us meant settlement was reached outside of court, which saved time and money, and also meant the couple were more likely to be able to co-parent successfully in the future.
You can find out more about our Family Law services by clicking the link. Alternatively you can contact one of the Franklins Solicitors teams’ in either Northampton or Milton Keynes.
