"I'm splitting up with my partner, what am I entitled to?"

You and your partner can agree  on anything that you want. If you cannot easily agree, you need to understand the legal position and what the court may do in your case to help decide what you do next. How your property and other assets are divided will usually depend on who owns what because you are not entitled to claim a share in your partner’s assets or maintenance for yourself from them if you have not been legally married.  There are a variety of property ownership structures and the position may not be straightforward depending who is the legal owner of the property, how and when the property was bought, who has been contributing to the mortgage and any work done to it and ultimately what you and your ex agreed prior to your separation.

The first step would be to try and agree a fair solution with your partner. However, as emotions are often running high, disputes can quickly arise and couples can find themselves fighting over a variety of things including who their children will live with, gifts they gave each other, fixtures and fittings and even the family pet.

If you and your partner cannot agree what will happen to jointly owned assets including property, it is possible to apply to the court to ask a judge to decide for you if other methods of dispute resolution haven’t worked.

The judge will consider all the evidence, including the welfare of any minor children who live in the property (or might reasonably be expected to live in the property) and the interests of any mortgagee before deciding who should live in the property or if the property should be sold.

It is important to remember that litigation can be very risky, very expensive, and very time consuming and it is always best to try and resolve issues through other dispute resolution routes such as mediation, collaboration and arbitration.

Expert legal advice

For more information or an informal chat about your next steps, contact us on 0344 326 0450 or email us.

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