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Leaving the "marital" home - impacts re children

(6 Posts)
hotelindia Mon 01-Aug-11 21:35:46

As posted on another thread, STBXP and I are going our separate ways but have 2 DCs under 2. Our joint home together (shared mortgage) is emotionally tied to STBXP for various reasons but I am the primary carer of our DCs (dropped hours to part time to look after DCs, amongst other things). I would like to move out with the DCs and she has offered to buy me out.

Could this look bad in the eyes of the court? If she wanted to claim the status of primary carer and put forwards a convincing case (give up work, etc), could my moving out impede my case?

hotelindia Tue 02-Aug-11 12:48:19

Bump. Can anyone help?

Collaborate Tue 02-Aug-11 13:04:45

You shouldn't reach an agreement on the house until you have one in place over the children.

mumblechum1 Tue 02-Aug-11 16:06:47

Because you were never married, family doesn't apply (except re. a Schedule 1 application which I'll explain in a sec), but instead the law of property applies.

So generally speaking, if you bought the property in joint names in equal shares, it's a straight 50/50 split even if one of you has made a higher financial contribution, and even if one of you is going to have the children for the vast majority of the time. So if it's agreed that you'll continue to be the primary carer, she only has to give you your share, nothing to make up for the fact that you have 3 people to house and she has only one.

The only change would be if one of you makes a claim under Schedule 1 of the children act for an order that the person with care of the children stays in the house and it's only when the youngest is 18 that it will be sold and the absent parent will receive their share. I don't think a Schedule 1 application would work when the children are so tiny, so the absent parent would have to wait an awfully long time to receive their share.

The court won't be involved in your settlement unless there is a Schedule 1 application, unlike a divorce case.

mumblechum1 Tue 02-Aug-11 16:07:11

family law (1st line)

mumblechum1 Wed 03-Aug-11 11:56:00

Above advice does not apply in civil partnerships by the way which do come under family law.

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