Legal rights on property/child maintenance

[Hollyboo123]

Hi, looking for some advice...
Was with my ex partner (we aren't married) for 22 years, have lived in my current property for 20 years. The house is on a joint owned farm which previously was owned by my ex's late Father. We have never payed rent or mortgage on the property. My ex left me 7 months ago for someone else leaving myself and he's 2 daughter's in the property. He is now asking me to leave the property and refuses to pay me any money. Some of the land on the farm is soon up for development and my ex will be getting a share of alot of money...do i have any rights over the property or money coming.

Sadly, no. And this is why women need to be married before having children.

The only thing he will owe you is child maintenance and his inheritance/windfall etc won’t count, only his income from work.

I’m very sorry.

@prh47bridge @collaborate

As you were not married, the basic position is that anything that is in his name belongs to him, anything that is in your name belongs to you and you are each entitled to 50% of anything that is in joint names. In some circumstances it is possible to establish a claim to the property even if you aren't a joint owner. You need to consult a solicitor.

You can register your interest in the property and lodge your claim. You'll need a solicitor.

Sadly I don't think so because you were not married. I hope someone comes along to prove me wrong.

Who are the joint owners? Unless you're one of them it is highly unlikely you'll see a penny from the property.

Hopefully you managed to save when not paying rent or mortgage?

Its going to be a bit of a shock to have to find somewhere. But not married, means he doesn't have to share, only provide for his child

No and you've benefited from 2 decades of no rent/mortgage costs 🤷‍♀️

Not if you weren't married. Only child support if you have young children.

Do you have savings if you've never had to pay rent?

How old are the children?

There was a co habitee who was able to stake a claim in a property. You need legal advice go for a barrister. As you have been resident in the property for 22 years you'll certainly have some rights. If only that currently under the covid regulations you can't be evicted at the moment.

Your contributions to the household needs looking into. This is why you need specific legal advice.

The farm is joint owned by who? Not you, I presume?
What country?
Have you ever paid for any upkeep / maintenance to the property? Paid for an extension, decorating or roof repairs, for example? New boiler?

@freeingNora

There was a co habitee who was able to stake a claim in a property. You need legal advice go for a barrister. As you have been resident in the property for 22 years you'll certainly have some rights. If only that currently under the covid regulations you can't be evicted at the moment.

Your contributions to the household needs looking into. This is why you need specific legal advice.

There has been more than one but it is still difficult. The fact the OP has lived there for 22 years does not give her any rights to a share of the property. In essence, the OP has to show that she has made direct financial contributions to the property or some other form of contribution which amounts to a financial contribution. As per my earlier post, she needs proper legal advice - either a solicitor or a direct access barrister. Either will do - there is nothing here that should be beyond the capabilities of a solicitor.

I think you need to have paid for work doing on the property for example a new kitchen or bathroom. Even better if you've kept the receipts. I know someone who has been told by other men that his gf would have a claim on his house because she has paid for major items such as kitchen and bathroom.

I think you’ll find he has an obligation to house his children until they’re 18, even if you’re not married. Get some legal advice before agreeing to move out of the property.

@SpaceRaiders to pay maintenance yes, to house them during his time yes, to house OP, no

@Stantons I think you may have an issue with comprehension.

He has a responsibility to house his children irrespective of marriage. If the children are under 18, they’re hardly able to look after themselves, are they?! Therefore he would have to house op too, until such a point that the children are no longer dependents.

@SpaceRaiders - If he retains the property the children can live with him. That doesn't help the OP. If the children live with the OP it is her obligation to house them as far as the law is concerned, not his. So that still doesn't help the OP.

@prh47bridge In that case, I stand corrected

Having said that, if the daughters are young there is a possibility that the OP may be able to use Schedule 1 of the Children Act and TOLATA to remain in the property until they are grown up. However, this won't entitle her to any share of the property's value.

@prh47bridge

Having said that, if the daughters are young there is a possibility that the OP may be able to use Schedule 1 of the Children Act and TOLATA to remain in the property until they are grown up. However, this won't entitle her to any share of the property's value.

Isn't that quite rare? Or more likely if the partner is extremely wealthy?

Define rare!

It is difficult but not impossible to get an order. The court's primary concern is to make sure everyone has a roof over their heads. As Schedule 1 is involved, the children's needs come first. The court will make an order under Schedule 1 and TOLATA if it is clear that this is necessary to ensure the children are adequately housed.