Unmarried separation with uneven wealth

[Bluesk89]

Hi, long time lurker but first time poster!

Unmarried with 2 young children, he initiated split. I work part time and my wage is around average, his wage is similar but his family is very wealthy and he has hundreds of thousands of £ in his bank account from inheritance.

We are both on the house deeds. I own 10%, he owns 90% - no mortgage due to the above. He is moving out and is able to buy outright another house for himself.

Is there any point me fighting for some financial support from him for me or the kids, other than child maintenance? I've researched the Schedule 1 property thing and I think it might apply in this scenario, I was wondering what else might, or just suck up paying a massive mortgage by myself to buy him out.

Thanks in advance.

It's not just that you'd have a huge mortgage but you would have to pay his equity as well wouldn't you?

This is exactly why women on here will say to other women that they shouldn't have children with someone unless they are married. Other posters seem to think this is just old-fashioned but it's just to do with financially protecting yourself.

I'm not sure about the property and I think a lot will be to do with his goodwill. You will be entitled to child support and don't forget to talk to him about childcare costs and extra costs such as school uniforms.

Sorry not totally sure what you mean, the reason I'd be getting the mortgage is to buy him out and own it myself. However that's financially hard for me to do.

You are entitled to child support and your share of the equity. When calculating child support you can ask for a variation based on any savings he holds. There is a formula that works out the notional income from capital. It’s calculated as being about eight percent of the capital. £8k per 100k. That can then be used to assess child support

But if he uses that to buy a property it won’t be taken into account.

If you can’t afford to house your child on your share and income you could apply to stay in the joint home deferring the release of his equity. You won’t increase your ownership and would probably have to pay the mortgage. For this you would need to show that you cannot afford to buy or rent a 2 bed property in court.

These are possibilities. But he can counter them. Using his savings to buy a property is one option. Showing you can live in a smaller property or rent is another.

needless to say his family’s wealth is irrelevant to your personal circumstances.

His family wealth is not relevant and cannot be used to support any claim

you are owed your 10% of equity and cms
you dont have a claim on his savings.

and you need to look to full time work

.....and if you are able to keep a civilised relationship with him while this is going on, he might be more generous. Don't see it as sucking up to him, see it as a means to an end because, legally, you're not in a strong position financially. Good luck.

That’s not entirely true especially if the money is actually in his account nd/or in the house.

OP you really need to see a good lawyer. In london try Osbornes, Withers, Payne Hicks Beach, Stewarts

What does he say he will provide for his children ?
Perhaps he intends to still pay for the mortgage and some utility bills ?

has the relationship totally broken down or is there still some respect and goodwill. There is a difference between what he legally and morally should do.
if some goodwill, does he morally want to see the mother of his children suffer after having made sacrifices to have his children? Presumably you will have the children at least 50% of time? Where would he like them to be during that time? In the house they know and feel safe in or what ever you can afford in your ‘share’. There is a discussion to be had if it can be agreed it doesn’t have to be the legal bare minimum.

@BooToYouHalloween op said that he has inheritance in his account ( not theirs or a joint one nor the house). That’s his. Whether his family are wealthy is irrelevant to op.

op should be trying to get him to agree higher than cms voluntarily but she’s v unlikely to be successful in a sch 1 claim

If he has family money as a pp mentioned it might be a plan to try and work with him to try and find a solution. He might be feeling more generous at first as he was the one to ask to split.

Thanks all. Yes whilst it's not particularly amicable (is anyone amicable when being left soon after sacrificing a lot to have kids?!), I do think there is an element of goodwill and his family certainly don't want their grandchildren living in bad accommodation. Sounds like my best option at the moment is to try to work with him.

I agree that we should have been married, it seems so unfair not to have many rights but I understand that is the way it is.