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

[mosel]

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

So what did the consent order deal with, just contact and residence? (I think you mentioned he hasn't paid so I'm confused). If just contact/residence then yes, in theory, you still have a Schedule 1 claim.
The value of that claim and whether it's worth making is another issue and you'd have to lookc, amongst other things, at the costs of bringing a claim before you did that.

Actually he has a legal right to the kids whether he is on the birth certificate or not, if there is doubt as to whether he is the father then a DNA test will be requested. He can go for full or shared custody.
You can have no part of his home. You will have to present to the council as homeless and apply for CMA. Do not voluntarily leave the home or you will be intentionally homeless and will not be eligible for council housing.
Unless there is violence where you could go to a womens refuge.
Your lack of a home for the children could go badly for you in a custody battle - I have been through all of this. I temporarily lost custody until I found a permanent home.
I eventually got DS back after my parents helped me to rent privately but only after a long and protracted battle in court. Luckily I had legal aid because it cost 1000's.

Statistically, the woman is more likely to take the financial hit of having children and also more likely to earn less. When we aren't told otherwise, it's reasonable to give advice based on these class level truths.

If someone of either sex wants their partner to stay home and be child raiser and homemaker but not provide any financial security, you can make your judgement on what kind of person and partner they are, as an individual. Ask at the class level and class level truths will come into play.

No, don’t become an unmarried woman

I can't believe people still believe this crap - there is no such thing as "common law wife" You are entitled to nothing but CMA and I hope to God people wake up and smell the roses.

@TooTrusting The consent order dealt with marital debt that was just in his name that had to be paid before the house proceeds came to me.
there were no proceeds because he spent them all on lawyers.
and an additional lump sum which I was to receive, the consent order was finalised in 2016 and to date I do not have that lump sum.
The matter of the children access etc was dealt completely separately from the consent order.

I was a full-time uni student at the time and I decided not to try and claim maintenance because he was rebuilding his life as well but I do think he should’ve paid for half an hour the solicitor for me. Just as an example the marital debt increased by over £4000 from the date of the consent order to when the house was finally sold because it was just listed as “the debt” not the actual figures on the date that the order was signed if that makes sense ?

@Justkidding55

I don't know if you are just maliciously kidding or giving out dangerous advice for the hell of it.
It might be that you are an unmarried mum and your DP has fed you this line and you believe it

Whatever.

IT IS NOT TRUE.
If anyone is thinking of having a baby and is reliant on DP, then STOP. THINK ON.

If you are living in his house and your name isn't on that house, it doesn't matter if you have quads...you are less than a lodger.

If you insist on going ahead and having children in this situation-close your eyes for a minute and imagine he's told you to sod off when you have DC.

Have you a house of your own, a good job, a monied family, a lot of money in the bank?
If yes, Ok. proceed
If not, do not pass go, do not have DC.

If you're wobbling. read all the threads on here from women out on their ears because they were once like you.

@RunningSME ok. So you had a financial consent order on the divorce. That explains why you weren't advised about a Sched 1 claim.
It's debatable whether you can have a second bite at the cherry when your claims have already been disposed of. However, the current consensus is that theoretically you can. If you Google it there was an article about it in Family Law, a legal journal in the last year which I remember. This is because a Sched 1 claim is for the children not you. If you are living in penury and XH is asset rich then in theory you have a claim.
You can still enforce your consent order. The court is usually very helpful and there is also probably a government publication on how to go about it.

Common law marriage is most certainly an urban myth. The government really ought to do more to publicise this, it's amazing the number of people who believe they have rights arising simply out of 2 years living together.

Get yourself a lawyer and be very careful. Must be a worrying time for you. Take care.

@TooTrusting it’s definitely worth having another crack at it before DS turns 18.

we are actually back in court shortly with regards to my having the consent order enforced but also trying to recover the costs as proof has come to light that he lied through his teeth in order to be given the costs and luckily the dreadful church was very specific on his reasons why the ex was awarded them and has it could have it there’s indisputable evidence that he lied. I’m having to go down the “ poor Judge was misled” route though which isn’t actually strictly true the judge saw what he wanted to see and was an absolute arsehole from the minute I walked in.

OP get advice from a solicitor not the internet. You may have a legal claim re the property, it isnt as straightforward as not married so none. Get proper advice

She really doesnt have a legal claim on the property, the children have a home and there isnt (based on the OP) prospect of them becoming homeless because its their father's house where they would presumably continue to live.

Mind you,, OP hasnt been back, probably another made up thread, there are a lot of them at the moment

Err... just to point out that the OP has gone.

All the dreadful advice, point scoring and criticism seems to have been too much for her.

I hope she''s gone to a more informed and more supportive forum.

Anyway, carry on.

The government need to do something about it??

This is why unmarried sahm should always get their name added to the deeds right at the beginning just in case.
Know that's not helpful to OP but might help someone else.

Something to publicise it because it's a huge problem people thinking they have rights which they don't have and making life changing decisions based on those incorrect assumptions.

Oh cmon now, no one actually believes this do they?there is absolutely no such thing as a common law couple.

She has no rights to anything of his. She’s no more rights to anything of his than I do, a random stranger. They are unmarried, she’s no rights to anything of his. Common law is not a thing,

If the house owner agrees... Who would sign over half their house right at the beginning of a relationship?!

I know right the poster wrote it like that’s even an option.” Oh Partner. Can I have half your house please? Like whose that going to help. 😂

Would you actually hand over half your house to a partner? Really?

Yeah, it’s that simple. It really is.

how are people so utterly Ill informed?

Are you also not working?

If not you've given him brilliant ammunition to have the kids himself and kick you out. You have no job, probably little money and no home. The courts would see it as the kids are better off with their dad probably.

You need to act fast, get a home yourself and a job if you don't have one.

No they wouldn’t

I know nothing about the partner's income. However, we have two children who need a roof over their heads and for whom this is the family home. That potentially gives rise to a claim under TOLATA and/or Schedule 1 of the Children Act. I am not saying such a claim would succeed - we don't have enough information to judge. The OP needs to see a solicitor. Once they are in possession of the full facts, they will be able to advise whether it is worth pursuing a claim.