Unmarried separating with a child

[Allthequestionsnoneoftheanswers]

Hi, I just have some questions and scoping out, don’t want to give too many details please
Unmarried couple, one young child. Joint mortgage, still a lot to pay off but probably about £50k equity in the property. Modest income from the father and mother is part time.

if separation occurred and the right to remain was granted to the mother to remain in the house until child was 18, would the father be paying for his half of the mortgage until that 18th birthday still even though he wouldn’t be living there?

understand something like this could be the outcome of Childrens Act or TOLATA?

thanks in advance

*can understand

Take a bit to sort the child would have a big input into how much time they spend with each parent
judge would look at each parents needs he couldn’t like pay child support and half a mortgage
need to sell house

The defacto situation is that they are both entitled to 50% of the equity. If they share parenting, CMS would apply unless 50:50.

If she wants to keep the house she needs to take him to court and show why she couldn’t find a home with half the equity, her wages, CMS and her benefits. All he has to do is show she could afford to find a home. Remembering a home can be rented or mortgaged.

If she couldn’t afford a home then they would look at the least worst option. Starting with her taking over the mortgage, they would try to take his name off the mortgage asap. Eventually he would get his equity. He wouldn’t be asked to pay half the mortgage.

it would be idiotic if they went to court over any of this. The children’s act doesn’t support a desire for home ownership. Selling the house and moving on asap means they won’t be dealing with this years down the line with costs being paid by the party acting unreasonably.

Thanks all, met with him yesterday. He’s frazzled which is understandable but your comments have given him a lot of reassurance. I think if they separate it will be tough financially for both of them but hopefully they will be OK
I knew Mumsnet would come through with good points so thank you!