Does anyone know much about transfer of ownership due to the children’s act?

[Chicagor3]

Hi all,

Just wanting to know if anyone has ever done a successful transfer of ownership (for property) due to the children’s act?

My partner owns the house, our daughter is 6 months old, he pays most of the bills and I pay for all the extras like food, holidays, and all other extra expenses like meals out, days out etc. I have also paid for odd Renovations to the home, but nothing major.

Basically I feel the relationship is going downhill, we’ve started arguing a lot etc and recently he has started saying things like “this is my house”, “don’t speak to me like that in my house” etc etc.

I have heard that you could apply for a transfer of ownership till the child is 18, but I’m not sure how common this is and I haven’t heard of anyone who has actually done it. Just looking for advice please?

Are you married? If not then you have no claim other than to be compensated for the renovations you paid for on his house. Make sure you have proof that you paid for the renovations so you can get the money off him especially as you may have to go to court to get it.

Your (plural) child's maintenance is a separate issue. Your partner can legally decide you can't live in his house, but as your child's primary carer he has to help provide funds so your (plural) child has somewhere else to live. He could be odd and decide that he wants to be the main carer or will do 50-50, but most men don't.

Your situation is why people on these forums state unless you are a high earner (and even then) make sure you are married to your partner before you have children with them.

Even if you were married you couldn't just have the house just like that. Sometimes there's a thing called a Mesher Order which requires the non-resident parent to put their claim on the property on-hold until the kids are grown up. Without being married though there wouldn't be any grounds to deprive him of his legitimate property.

Stop paying for things, start saving and see a solicitor.

Are you on maternity leave and if so, where are you finding the money?

He sounds like an arse but a bit much to expect to kick him out of the house he owns for the next 17.5 years.

OP do you mean under schedule 1 to the Children Act? This allows for an application for financial provision for a child and no need for you to have been married. Not my area of law but I don’t think a transfer to your name would be easy to achieve.

McTufty, you’re correct. I meant under the Section 1 of the childrens act. I quote “The Family Law Act 1996 gives some cohabitants the right to apply for an occupation order of the family home. It also allows the court to order a temporary transfer of liabilities in respect of a family home owned solely by one of the partners. For cohabitants with children, the Children Act 1989 may also allow one partner to apply for a transfer of ownership in the interests of the child.“

I am currently on maternity leave but I am a ‘high’ earner and have savings. My partner owned the house prior to our relationship, which is why it isn’t jointly owned. Things have worked well financially as he kept all his usual bills and I paid for everything else - so we have the best of both worlds. Obviously if I could have foreseen this, I would have insisted to pay into the house from savings, so insist on paying half the mortgage rather than all the renovations and holidays. Frustrating, but a life lesson at least.

If your a high earner and have savings. Go and get your own home and share financial responsibility for LO.