Can someone tell me what would happen in this situation?

[BirthdayKake]

A has three children and does not work after her exH left.

She meets B and they buy a house together although A is not on the mortgage.

6 months after moving in together, A and B get married. A year later, A and B have their first baby together.

Three years later, A and B split up. A still does not work - she is a SAHM and a carer for one of her children.

A and B agree to divorce.

What would happen with the house?
Would A be homeless with four children?

Thanks.

Not if she gets a decent financial settlement on divorce. I woukd suggest A gets a free half hour session with a solicitor asap who would explain the process and what she might possibly get.

Half an hour won't be enough to cover it. Paying a fixed fee for an initial appointment will get her longer and more detailed advice.

A&B are married - she gets half the house.
If she stopped work to care for their child (ie was working before the birth of the child they had together) then she gets extra money in the divorce settlement.
B also pays CM for his child.
The father of the other children should also be paying child maintenance for his kids.

Conclusion: A needs a good divorce lawyer.

she gets half the house

She might but it is not guaranteed. She will get a fair share of the assets of the marriage. That may be 50% but it could be more or less. But the courts won't want to see A homeless, particularly with children involved. They will try to make sure everyone has a roof over their heads.

Agree that A needs to see a lawyer who specialises in family law.

When I got divorced I didn't use a solicitor because it was reasonably amicable and we agreed to 50:50.

Years later I was told I could have been entitled to more than the 50% I was prepared to settle for.

With children, I'd definitely explore that side of things properly.

Thank you everyone

I am the A in the situation. We are getting married in August and then TTC afterwards and I am terrified things will go wrong like they did with my first husband (although he was seriously abusive - DP is not!)

Are you sure you want to get married have more children? Divorce isn't cheap, solicitors cost money and having two ex s to juggle could be a nightmare.

Of course you should marry, marriage is there to protect women in your shoes.

FGS don't listen to the likes of RedHelen, who really has very little real grasp of the realities, judging by her posts over time.

Thank you Bert Bibby!

A is a fool for not being financially independent but on a partner.... (who could change his mind any day).

Oh

You are not a fool. Definitely see about getting some advice from a lawyer, they know best in that situation x

If the house is being bought together, why is B the only one with his name on the papers?

Long story, but to do with tax credits

Practical issues come in. Even if you and ex were very amicable could probably at most 1 full time and one part time wage support two households?

Who will be putting up the deposit? If you are only married four years then neither of you has put a lot directly or indirectly to paying the mortgage so it may form a lot of the financial contribution. It may not be a 50:50 split of the assets.

Marriage would help protect you because it confer automatic rights. The rights for support for your joint child will always be there but not so much you.

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

Financially you may be quite vulnerable if you are unable to work or can only work part time and all four children live with you. The rules are slightly complicated but if your 3rd and/or 4th children are born after 6 April 2017 you may not get benefits to support them. There may be special circumstances relating to your 3rd child (abusive relationship) but not the fourth.

www.gov.uk/guidance/claiming-benefits-for-2-or-more-children#special-circumstances

No the sensible thing to be is financially independent MrsBertbibby.

Well yes, back in the unsatisfactory world where we aren't born with enough to pay for our own nappies, school and contraception up front, and end up bearing kiddies to a wealthier chap, best plan is to use such legal protections as are available to level that patriarchal playing field.

What a lot of people underestimate is the emotional toll of divorce. Mine was relatively straightforward but friends spent years coping with it all and often quite a chunk of money went on legal fees. I just think going into a marriage and ttc unless you're 100% sure isn't the most sensible idea.

What a lot of people underestimate is the truly diabolical situation of an unmarried mother living in a home owned by the partner.

Married mum: likely to get at least half the equity.

Unmarried mum: likely to get nothing.

Of course divorce is unpleasant, but It's a whole heap better than perjury.

RedHelen, it's not that I'm unsure about marrying him as such. I'm a worrier in general and just thought I'd put the question out there

Why on earth don't you have your name on the mortgage? What does 'to do with tax credits' mean and why is that more important than helping to protect your interest in the home you live in?

As blue-sky says, if you are buying a house together then why not be on the deeds anyway? Good luck with it all whatever you decide to do.

Get your name on the mortgage
When we bought our house I wasn't working but still was in the mortgage
It's half my house as I supported Dh by looking after the.dc so he could go to work
You should be equal partners and a house is a joint asset

Get your name on the mortgage

If the wedding happens and they then divorce it won't make any difference whether or not the OP's name is on the mortgage or the deeds. The house will be an asset of the marriage and will go into the pot to be split between them.

While the OP and her partner are not married it would give her more protection if she is on the mortgage and the deeds, although she may still be able to establish a claim even if she isn't. However, it seems the house has already been purchased. Getting the OP's name on the mortgage at this stage may not be as easy or as cheap as it would have been when the house was bought. Indeed, if the mortgage provider is unwilling to play ball it may not be possible at all.

Thanks prh. Feel like I can breathe a sigh of relief now. I don't think I can go on the mortgage deeds as it's a fixed rate for five years. However, we are getting married in August so at least that will give me protection. Not that I think we will split up but you never know!