Unmaried Couple splitting

[Leah4]

Hi, I would be grateful for some advice for my friend.

She and her partner of 10 years is considering splitting up. They have two young children aged 3 and 7, and were engaged. He owns the house they live in and she soes not have her name on the mortgage or Deeds (yes not wise!). She has been with him since buying the property and they bought it on the consideration of it being a jjoint, family home. Albeit not legally. My freind has always paid for all of the children's clothes and related items,holidays, towards some bills, repairs and home improvements.

She has a small flat property which was bought 8 years ago which is rented out, and is 2hrs from their home. She has has said she could sell it in 2 years after her fixed rate mortage ends, or it will incur a large penalty before.

My freind understands that she cannot get any equity if they sale the family home, and it would be low, as the mortage is quite big.

She would like to stay in the family home,even until the children reach 18,if possible, due to schools, and hopefully less disturbing for the children.

Her partner has earned quite alot more throughout the relationship, and she works part time. He seems quite fair to sort out something reasonable for the children. He does not think he can afford to rent privatelty.

What do you think woukld could do as she no longer wants to continue living with him, as it has become very strained.

I had advised that she would probably not get housing benefit as she has a property. Is this correct?

What would a fair split of assets be?

Should she share 50% of the equity from her flat with him?

Thanks

[Resolution]

Take a look at Schedule 1 of the Children act 1989. That underlines the principle that the children should not necessarily live with the wealthier parent. That of course would be Dickensian, and would ignore the wider needs of the child.

The court has the power to allow the carer of a child to live in a property owned by the other parent. So the answer to the question why would the court do so? Because it can, and because it is in the best interests of the child. This is an over simplification, so proper advice needs to be sought.

[Wamster]

The bit about the dp being reluctant to put her on deeds gives me the impression that he will NOT be willing to let the house go without a fight.

He had the foresight to imagine a time when the relationship would break down; he is obviously a planner and is cautious when it comes to money.

[Wamster]

Resolution, I agree with what you say, but could not the mortgage payer simply refuse to pay mortgage (if property is still mortgaged) and walk away leaving the 'poorer' mother without means to pay mortgage?
Out of interest, and apologies for taking thread slightly off topic, what usually happens in cases such as Leah4's friend?

[Resolution]

In the usual case, where the father earns enough to pay CSA maintenance, his own living costs, but no more, then the mother will have to pay the mortgage. If she can't do that, she won't get the order, though she would get credit for capital repayments.

Was discussed in a long thread a few weeks back.

[Bramshott]

Leah - I think in that case I'd be tempted just to go for a 1 bed with a sofabed in the living room for myself and the bedroom for the kids. It's not an ideal situation, but nothing about your friend's situation sounds ideal .

However, a solicitor will know more about what her best options are.

[LoodleDoodle]

Leah, your friend needs to talk to HB and tax credits. If it's his home she is unlikely in the long run to be able to stay.

I am in similar situ with a long term tenanT in my flat, but local council have confirmed that if I rent, I will be entitled to HB at standard rates as long as I'm making no profit from the flat. Think this might vary from area to area, but with tax credits etc, renting is now feasible, so its worth looking into.

[Leah4]

Thanks for all of the comments and info, which I have passed on.

My friend is very unlikely to get HB as her tenant can move out in two months. If hse decides to buy a property in the area she is currently living in, it will only be a 1 bed flat. If her DP sells the family home in two years to avoid the mortagge penalty, and agrees to give her some of the equity, she could buy a 2 bed flat.

She has seen a solcitor who has advised that she should continue to be the main carer, and try to stay in the house, or possibly go for Schedule 1 of the Children's Act, and give her property to her DP. Her partner may consider this, but I doubt it. This would be very costly legally. And she would not get back anything if she were to stay in the property and pay for any work to update it.Lots of things for her to think about.

The law is limiting even when children are involved in such circumstances.

[Wamster]

I should imagine that it is limited because property ownership can't really be given away just like that.

I think your friend's situation is a classic example of the importance of marriage- NOT because it is a guarantee of commitment (far from it) but because if a married couple split, the law has the power to make all kinds of orders etc which it simply doesn't have with cohabiting couples.

[Leah4]

I agree Wamster, and does give a stronger framework in such matters rather than depending on a DP's good will in the event of such splits happening.

At present her DP is being considerate, suggesting giving her some of the equity. Although she would love to stay in family house for children, looks unlikely. Unless she wins some money or gets a great paying job to buy him out.