Splitting up, what is partner entitled to

Hi

Myself and my partner(gay) have been together for 5 years, and are in process of splitting up.

I pay all the bills, approx £1300 a month, plus buy 90%of food etc

For last 3 years, we have been in a rented house, where a portion of the rent goes into a fund thatb will be used for a deposit for a mortgage, the fund cannot be used for anything else.

The financial input from my partner has been erratic, for 18+ of the 3 years we have been here, he has been unemployed, I have had to give him money etc to pay off his credit cards, and when he has been working, the contributions have minimal.

What is he entitled to, it would greave me to have to give him anything, especially now, as he has just been arrested for a sexual offence and I have had to buy all new Pc equipment as everything has been seized by police. It has got extremely nasty here and I am in need of advice

Thanks

Do you have a civil partnership?.

No, thank God, we did talk about it, but when it became obvious I would have to pay for everything....

Then your partners claim will be very limited, probably to what he had when you started to live together, its worth spending an hour with a solicitor though just for peace of mind.

He came with 2 bin liners of clothes.

Thanks, you have put my mind at rest, he is willing to sign a document saying that he will not pursue any claim, I have drawn oe up myself, funds are very very tight at the moment due to the mess he has left me in.

Erm if you draft it yourself it will carry no weight legally, what you need is a consent order written by a solicitor and stamped by a judge in court, then claims are dismissed, if you look to the right you can see an advert for them, £139 is all it costs.

I'm not sure a consent order would apply in this position. There is no civil partnership and the ancillary relief procedure would not apply. In order to confirm no claim under the Trusts of land and Appointment of Trustees Act an application would have to be issued and the matter deal with by consent or Tomlin order. The procedure is more complex that the ancillary relief consent route.

BrumCentral is concerned that his ex will make a claim but the ex would have to stump up a court fee and put a case together which would be difficult in the absence of financial evidence. Such cases are difficult to prove and there is a risk of costs if the claimant has to discontinue their claim as they would then have to pay any costs incurred by the defendant (BrumC).

The best way to deal with the situation, as I see it, is to gather evidence that could be used at a later date - text messages, emails etc which would confirm that the parties separated amicably and that arrangements were made for collection of personal belongings. If some finality can be established, this would be evidence to rebut any claim which may be made in the future.

Charles