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(8 Posts)
10weeks Sat 02-Aug-08 11:01:01

My partner and I split amicably 6 years ago. When we got together I moved into his house and we had two children but my name was never put on the deeds and we never married.

When we split my partner moved out but has continued to pay the mortgage on this house. I now only have 1 dd still in education and he wants to sell up because he cannot afford two mortgages. He has offered me money from the sale to set myself up somewhere.

If I refuse to move out will I still be entitled to anything when my youngest is 18 and he wants to sell then? In other words, should I take him up on the offer?

fiodyl Sat 02-Aug-08 11:55:10

How old is your youngest DD and How much is he offering?
Would it be enough to buy a house for yourself or would you need a mortgage also and can you get one?

10weeks Sat 02-Aug-08 14:12:35

DD is 12.

He hasn't set a price really and I do trust him not to leave us high and dry. I think he would give us enough so that I can get a mortgage for the rest.

I just wondered if he would have to do the same when dd leaves home and I'm on my own. Whilst I'm sure he would do all he can for the kids I'm not so sure about when it's just me! Can he just demand I leave? Then I would have to rent somewhere.

10weeks Sat 02-Aug-08 20:34:27

bump

Judy1234 Sat 02-Aug-08 21:22:12

There is a myth about common law marriage rights. The property is not in joint names. Although making children homeless I think means the child might be able to apply for some kind of order under the children act in general the principle is that he could boot you out now. However if you have paid the mortgage you might have built up some kind of right over the house. If you pay for food or anything else then that does not apply. There were plans to change the law but they were scrapped which is probably riht as people can choose to marry or not to protect their assets.

10weeks Sat 02-Aug-08 22:16:58

That's kind of what I thought Xenia so I think I'm going to take the money and run, so to speak. That way I will be able to put down a good deposit and be able to afford a mortgage of my own.

ilovemydog Sat 02-Aug-08 22:30:09

There are 2 separate issues here. One is what your rights are as far as being in a property that isn't in your name, and assume, one where you haven't made a financial contribution directly towards (as you say that your ex DP is paying the mortgage)

The other issue is what are the rights of your children, as dependants?

As you are probably aware, common law property is a myth and unless one makes a direct contribution to the property, then you don't have rights.

It is very unlikely that you would be kicked out with a dependant, but your DP could probably reasonably sell the property and give you enough notice.

But if (ex) DP is offering to give you a lump sum of the property, then this is generous of him, and most likely more than you could expect if you decided to fight him on it.

Further, at the moment, you have his goodwill, which is such an asset.

Get this legally side checked by a family law solicitor, but I would be gracious and accept his offer as long as it was enough to set you and child up in suitable accomodation.

Lovely that some splits are amicable smile

Judy1234 Sun 03-Aug-08 10:33:38

ilove is right and that is consistent with what I said. i think my Children Act reference is the point about courts do not like children booted out on to the street.

In other words he doesn't need to pay a penny and he's paying you so I would take what you can now. He could instead say it is to be put in trust for the children if he were meaner (or not pay it at all).

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