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Legal matters

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Any family solicitors able to advise?

5 replies

Fuckmyliferightnow · 09/06/2019 10:12

If an un married couple with a child own a house together and they split, what rights do they have?

The dad works and earns most money, mother has a part time job and earns very little but does the child rearing and taking care of the house and pays some bills.

If the mother wants to split up what are her rights with regards to the house?
She is on the mortgage as joint tenants.

Could anyone give an idea as to what would happen in this situation please?

OP posts:
Fuckmyliferightnow · 09/06/2019 10:22

I'm totally naive to all of this.

OP posts:
rammakeen · 09/06/2019 10:29

Possible that whoever is going to have kids living with them most of the time will stay in the house. Other person may then have to hold off on selling their share until youngest child is 18. All depends on a number of things though and each case is different.

I'm not a lawyer, just know a few people who have been through this.

Fuckmyliferightnow · 09/06/2019 11:40

Even if the mother can't pay the mortgage?

OP posts:
prh47bridge · 09/06/2019 14:40

If the house is owned jointly it is likely that they each own 50%. As rammakeen says, it may be possible for her to stay in the house until the children are grown up. She needs to see a lawyer.

Collaborate · 09/06/2019 15:34

Mother generally has to be able to prevent a financially viable plan but it all depends. Only entitlement to an income stream is through child maintenance, though the court can make capital orders if there is sufficient capital, and if the father can realistically afford to pay for the mortgage on top of child maintenance and on top of his own housing/living costs there might be some hope. If it's one of those usual cases where incomes are reasonably tight, and father can't afford to keep on this mortgage and pay for housing costs elsewhere then it may not be a viable plan.

But as said by PPs. seek legal advice.

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