Do I have any rights - unmarried

[Tearsforyears]

I am going through a separation.

We have 2 children, together for 11 years and was due to get married in May this year. This was cancelled due to corona virus. The relationship has since broken down and was breaking down but we were continuing with the wedding as I felt unable to back out.

Now the wedding is cancelled and we have decided to split. Do I have any rights?

I have been a stay at home mum for 4 years on and off. My partner worked away abroad for weeks at a time and also moved abroad for 9 months to progress his career. As a result he is a high earner - about £100k per year.

Unfortunately I am on zero income except his child maintenance and I have made a claim for universal credit. I am also looking hard for a job and expect to earn about £25,000 per year hopefully soon.

Our house is mortgage in both our names. It has equity of about £80,000k with £140,000 remaining.

can anyone advise whether
1/ I could stay in the house and not sell it until I am on my feet financially
2/ I could stay in the house for the foreseeable future
3/ I could remortgage the house and pay him out

Advice in general?

You would be in a better position if you were married. Not much use to you but it might be for someone who might be reading.

You need legal advice.

It's so complex that you need proper legal advice. To stay in the house you either need to buy out the other party (and secure a mortgage - so you'd need sufficient income), or gain agreement from him that you could live there, either voluntarily or through a Mesher order.

However a clean break of assets is normally better for everyone so I'd prepare for the probability you'll need to move.

As you are unmarried you have no claim to spousal support or any of his assets such as his pension. It will be purely child maintenance based on his income. If he's employed it's easier than if he's self-employed when he can disguise/hide his income.

www.citizensadvice.org.uk/family/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

Start here.

Seek legal advice.

Just to note, on a 25k salary you could typically borrow up to £115k. Not all lenders will accept child maintenance as an income against which to secure a mortgage.

You don’t have the same married rights
You are owed 50% of equity if you own as joint tenants and that’s about it other than child maintenance
You would have to try to make a claim under the children’s act and trust of land act in order to be able to stay - can be costly and outcome not guaranteed
You can’t get a mesher as not married
You need legal advise

Engaged couples come under the married women’s property act as well as TOLATA (trusts of land and trustees act) and the Children’s Act (as previously stated). You need to prove that the intention was to raise your children in that home and therefore you have a ‘beneficial interest’

She doesn’t need to prove that
She already has a 50% ownership in the house if joint tenant ownership

She’ll have to demonstrate that realistically that’s the only way her child can be housed ( and be able to afford to raise on the mortgage and bills) and that he has means to house himself
It’s by no means easy when not married and could be costly