What rights does my friend have?

[Luna9]

My friend has separated from her partner; they never married, were together for 16 years and have one child together.

They have now separated as he was becoming abusive; they have 2 properties which are in my friend name; he is living in one and she in the other but he is no paying the mortgages of any of the properties nor giving any child maintenance; he does pay for the private school fees but nothing else.

My friend doesn't work; she has a lawyer but things don't see to be going anywhere; the lawyer has sent some letters to his lawyer but he is not replying.

What options/ rights does my friend have?

[lifeisunjust]

I have a current CHILD TAX credit form in front of me. There are NO questions regarding how many properties you own. There is a question about "other income" and that is where you would normally put rent in from another property or from savings interest or shares. However, nothing about property.

I don't claim INCOME SUPPORT but I've scoured several links and none of them make any reference to inability to claim it, due to owning property, simply that any income properties generate must be counted as income and if that puts you above the income threshold, then no IS. Same goes for savings which are too high.
The means tested benefits I know where you would be prevented from claiming (unless a relative lives in all the properties you own as an example of exemption) are Housing Benefit and Council tax support.

[MeMySonAndl]

If the OP is not working, who is doing those mortgage payments?

[MooseBeTimeForSnow]

He has no legal right to remain living in the property. All she has given him is a "licence to occupy" which can be revoked at any time by telling him to get out.
Can she go round when he is at work and change the locks?

[Luna9]

Thank you life; I will let my friend know and send her the links.

The child lives mainly with the mum
But sees the father on some weekends. She has not tried to evict him; it is quite a difficult situation I suppose; specially fur the child.

[lifeisunjust]

www.gov.uk/income-support/overview

www.citizensadvice.org.uk/benefits/help-if-on-a-low-income/help-for-people-on-a-low-income-income-support/

www.gov.uk/child-tax-credit

www.entitledto.co.uk/

[lifeisunjust]

Remember Luna9, if your friend has no savings but property, it is untrue she cannot claim income support or tax credits, she will indeed be eligible. She has to however apply!

[scaevola]

Yes, it is unusual (whether male or female) to have two mortgages and no income. Getting rid of one may well be a necessary step.

And she needs to get that straightened out as a matter of urgency, because she can't count on parents bailing her out for a second time.

Has she attempted to evict him?

What is the DC's current pattern of residency?

[Luna9]

Thank you very much. This information is very useful. I do feel she and women in general seem to be alone in these situations; she has a child; no income, 2 mortgages and has been told she can't get any help because of the 2 properties on her name. I will ask her to look a the tax credits, mediators and shelter.

She definitely need a job and I agree the lawyer is a waste of money; she is going nowhere with the letters.

[MeMySonAndl]

Oh yes, they do the same here, acts like an upfront payment/deposit. If you don't use the full amount, the remaining amount is returned to you.

I was fortunate that I had some savings, and no matter how much people say that money was thrown away in solicitors, I still believe it was money well spent. He would have left DS and I with absolutely nothing if I had not had a solicitor fighting my corner.

[lifeisunjust]

I didn't even have £40 for a few minutes with a lawyer!
I had nothing and lived on food handouts for 3 months before I got back to work and increased hours and was able to start feeding my children with my own money.
After 6 months of wait, I got a new credit card (my husband cancelled mine, pretending to be me) and I'm still paying back the debts I ran up over 2 years on that card, to enable me to pay for food and a few clothes.
£40 for 10 minutes however, if you have it, is far better on a fixed £XXX per hour much better than these lawyers who you sign up on an endless pit of money contract and, in East Kent at least, demand several kkks upfront before even talking to you. 

[MeMySonAndl]

Life, if things have not changed, solicitors charge a flat rate per blocks of 6 minutes, not by difficulty of the question (now if it is something quite specific that they need to research on, more minutes spent in it, therefore more charges)

Eg. A solicitor can explain in 10 minutes all the basics of child maintenance and that would cost around £40 for the 10mins, you can get that same info from a book, direct.gov.uk it CMo for free. Then pay the solicitor to explain how the position would be different if he continues or stops paying the school fees.

[lifeisunjust]

Yes there are solicitors, if your friend really does need high cost legal advice, who charge to answer specific questions. Had I had any money at all (my savings were withdrawn and spent, the rest was in blocked accounts), I might have considered this arrangement. It avoids the huge charges for sending and receiving letters, photocopying charges, plus the time per hour which can just grow exponentially before you know it. Knowledge is strength. I also started with a book and read around the subject, to gain as much confidence as possible in dealing with what turned out to be 25k of "family" lawyer of my husband's and her endless letters and demands and most hurtful her letters claiming I would be imprisoned IF l ever failed to co-operate (whilst I was actually hospitalized she still sent the jail threats), whilst her own client failed to respond the majority of his own actions, 12 months late with his financial disclosure, 3 months late with his narrative, his Q and A responses (which when arrived were mainly "no comment"). Taking on non fixed price legal advice can be very risky, as the lawyer has the right to charge for so many things. I am glad I was unable to even have this as a choice.

[AvaLeStrange]

Might be worth looking at Resolution for mediators - they are an organisation for family solicitors that take a non confrontational, child-centred approach to mediation.

Wrt the houses, Shelter are very good for all sorts of housing related advice, not just for people who are completely homeless.

[MeMySonAndl]

And another one, her solicitor is her employee, she doesn't need to convince them about how bad the ex was or use them as friends or for counselling. They are lovely and great support but in my times an hour of counselling was about £45, while the solicitor was charging £180 per hour so... If money is an issue, it is better to be straight to the point and use them just for legal advice.

[MeMySonAndl]

OP, another big saving in legal fees can be reading The Which Guide to Divorce (most of the advice will be irrelevant as they are not married, but it can provide her with a good background in separation of assets and arrangements for the care of children ) All the basics are explained in this book, she then can use a solicitor just to ask the questions that are very specific to her case.

[lifeisunjust]

Legal Aid is severely restricted and the change is recent. It is basically only available to victims of documented DV. Then they look at your assets. If you own a house / have a mortgage on a house or savings of more than a tiny amount, you then get disqualified from legal aid, so you basically not only have to be a DV victim, you have to be renting with the lowest income. It is a terrible situation but that is how it is.

[lifeisunjust]

Income Support.
Tax credits.
CAB help or any other legal help especially regarding the house the father is currently living in, about serving with eviction / demand for rent.
Discussions about need for private schooling.
Discussions about shared care 50/50 or major/minor and impact on maintenance not yet paid but certainly sounds can afford given the private schooling.

Probably the most important. At least ONE GOOD FRIEND to see her through all this.

[Luna9]

Thank you


This is very useful; have sent her the link with the comments

[MeMySonAndl]

I owned a property when I asked for legal aid, had my ex not been paying £10 in maintenance above the Legal Aid cut out point for income, I would have been entitled to it (or at least that was what my solicitor said)

[MeMySonAndl]

That's exactly what I meant... Tax credits are based on income not property.

[lifeisunjust]

She will NOT be entitled to legal aid. If you own a property, even if mortgaged, even if your partner has been arrested for attempted murder, as in my case, NO LEGAL AID!!!!