Please help. Separation, unmarried he owns house and we have kids

mosel · 2022-08-20T11:51:22+00:00

Posting here for traffic We have two kids, we need to split, he owns the house. Do I have any rights to stay at the property? I am main cater and we've lived here for the childrens whole lives

saamantha19881 · 20/08/2022 12:52

No, I don't think so x

Justcallmebebes · 20/08/2022 12:52

Are you married OP? How old are your kids?

Threelittlelambs · 20/08/2022 12:52

You need to see a solicitor - whilst I don’t think you can claim there maybe a claim for the children.

ForfuckssakeEXHstopbeingatwat · 20/08/2022 12:52

basically, no. Its his house and you have no legal right to stay there at all, nor do the kids. I mean, it would be utterly twattish of him to kick you out with nowhere to go but legally, he can. I'm sorry. Can you go to family?

Original poster

mosel · 20/08/2022 12:52

Unmarried 4 and 2

OP posts:

HinchcliffeandMurgatroyd · 20/08/2022 12:52

It’s this situation that causes MN to warn unmarried women not to be SAHMs. So sorry you’re on a sticky wicket.

It might be best to ask for your thread to be moved to the legal board.

Justcallmebebes · 20/08/2022 12:53

Sorry. Seen not married. How old are kids tho?

Original poster

mosel · 20/08/2022 12:53

He also has no legal right to the kids is that correct?

OP posts:

BambinoBlue · 20/08/2022 12:54

mosel · 20/08/2022 12:53

He also has no legal right to the kids is that correct?

Is he on the birth certificates?

If so, he very much does have rights.

HinchcliffeandMurgatroyd · 20/08/2022 12:54

mosel · 20/08/2022 12:53

He also has no legal right to the kids is that correct?

I believe he has as much “right” to residence of and contact with as you do.

Be very careful what you do next.

Puppypads · 20/08/2022 12:54

As their father he has as many rights as you do, assuming he is named on their birth certificates?

HinchcliffeandMurgatroyd · 20/08/2022 12:55

You urgently need RL legal advice OP. In the meantime would you like this thread moved to the legal board here?

Nicknacky · 20/08/2022 12:58

Why would you think he has no “legal rights” to the kids?

Are they in danger from him?

Rainbowqueeen · 20/08/2022 12:59

If you are in the Uk then no you have no rights other than to claim CMS.

I’m going to assume it’s not amicable and that he’s not decent because there is nothing to stop the two of you coming to a private arrangement but I’m guessing you wouldn’t be posting on here otherwise 💐.
Is there anyone he would listen to who could advocate on your behalf??? Shame him into acknowledging your contribution and what’s best for the DC.

Paintsplat · 20/08/2022 13:00

If they are his kids he has parental responsibility, which are legal rights over the children. Just as much as you do. He'll have it automatically if he's on the birth cert but even if he isn't, its relatively straightforward for him to apply to court for PR to be awarded, esp if there's never been any dispute that he's the father.

toastofthetown · 20/08/2022 13:00

Sadly you have no right to the house or any other assets which are not in your name. You will only be owed child maintenance as calculated by CMS. Unless there is risk to the children, he is very likely to share visitation of the children, as they have a right to a relationship with their father.

MysteriousMonkey · 20/08/2022 13:01

If the children were born in the UK and he is on the birth certificate you have the same rights as each other as you both have parental responsibility. If he's not on the birth certificate but is the biological father it wouldn't be difficult for him to have that corrected.

HinchcliffeandMurgatroyd · 20/08/2022 13:01

Are you okay OP?

Has this split happened suddenly?

titchy · 20/08/2022 13:02

mosel · 20/08/2022 12:53

He also has no legal right to the kids is that correct?

why would you think that - or are they not his kids? He has a responsibility to ensure they are housed. As their main carer you may have a case for remaining in the house with them (TOLATA and children act claim). See a solicitor urgently.

TidyDancer · 20/08/2022 13:02

Which country do you live in OP? Do you work? Have any alternative place to live with the DCs?

ItsHitTheFanNow · 20/08/2022 13:02

Paintsplat · 20/08/2022 13:00

If they are his kids he has parental responsibility, which are legal rights over the children. Just as much as you do. He'll have it automatically if he's on the birth cert but even if he isn't, its relatively straightforward for him to apply to court for PR to be awarded, esp if there's never been any dispute that he's the father.

This is correct with regard to the children.

I'm not sure you have any rights over his house as you are unmarried. Sorry OP.

GuerlainHo · 20/08/2022 13:04

I don’t think you really have any right to be there if he owns the house and you two were to split and your not married.

Aldo, he has every right that you have in regards to the children as they are half his.

Johnnysgirl · 20/08/2022 13:06

mosel · 20/08/2022 12:53

He also has no legal right to the kids is that correct?

Of course it's not correct

Johnnysgirl · 20/08/2022 13:06

And yes, you have no rights to any part of his house.

MayThe4th · 20/08/2022 13:07

titchy · 20/08/2022 13:02

why would you think that - or are they not his kids? He has a responsibility to ensure they are housed. As their main carer you may have a case for remaining in the house with them (TOLATA and children act claim). See a solicitor urgently.

Show quote history

No this isn’t true. He is responsible for paying maintenance but he’s not responsible for them being housed and the OP certainly wouldn’t have rights to stay in the house which he owns outright.

If he wanted to be able to guarantee the children were housed he could go to court for residency based on the fact that he has a house and the OP doesn’t. So be careful going down that route.