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Original poster

Unmarried Couple Separating

55 replies

Huddle · 17/07/2021 21:03

2 young DC together. House owned outright, both put in 50/50.

They aren't married and now want to separate. If she wants to stay in the house what do they need to do?

Does she get to keep the house or will she need to buy him out?

Advice appreciated

OP posts:
Original poster
Huddle · 17/07/2021 21:03

This is in Wales in case that makes a difference

OP posts:
PegasusReturns · 17/07/2021 21:04

She needs to buy him out and if a mortgage is in place it will need to be transferred into her name only.

Original poster
Huddle · 17/07/2021 21:07

Thanks Pegasus No mortgage. House is owned outright. Both names on the deeds and both contributed 50/50.

We've been told she would get to stay in the house with the children and he wouldn't get anything but from what I've seen on here in the past I didn't think that was right

OP posts:
NavigatingAdolescence · 17/07/2021 21:08

Not if they aren’t married, she won’t.

user27424799642256 · 17/07/2021 21:14

Told by whom? Did that person's advice include reference to "common law marriage" ?

Maggiesfarm · 17/07/2021 21:15

@Huddle

Thanks Pegasus No mortgage. House is owned outright. Both names on the deeds and both contributed 50/50.

We've been told she would get to stay in the house with the children and he wouldn't get anything but from what I've seen on here in the past I didn't think that was right

She may be able to stay in the house until the children are old enough to go it alone, at which time the house can be sold and hopefully she will be able to buy something smaller.

Only a legal person can really advise.

user27424799642256 · 17/07/2021 21:15

We've been told she would get to stay in the house with the children and he wouldn't get anything

That isn't even how divorce works.

Hoppinggreen · 17/07/2021 21:16

@Huddle

Thanks Pegasus No mortgage. House is owned outright. Both names on the deeds and both contributed 50/50.

We've been told she would get to stay in the house with the children and he wouldn't get anything but from what I've seen on here in the past I didn't think that was right

By an actual lawyer? Who works in Family Law?
Couldhavebeenme2 · 17/07/2021 21:19

@user27424799642256

We've been told she would get to stay in the house with the children and he wouldn't get anything

That isn't even how divorce works.

Exactly. They both have a 50/50 share of the house, zero matrimonial rights/privileges; if she wants to stay she buys him out or he can go to court to force a sale.

You need legal advice from someone who actually knows what they're talking about.

Original poster
Huddle · 17/07/2021 21:20

@Maggiesfarm that's along the lines of what was said.

Sorry yes not that he wouldn't get anything but he'd have to wait until they are much older but would only get back the amount he would get back if it sold today.

No reference to common law but I guess that's the kind they were going down

OP posts:
Original poster
Huddle · 17/07/2021 21:21

no not a lawyer. I'm suggesting they speak to one but wanted to get an idea of what the actual situation might be

OP posts:
popcorndiva · 17/07/2021 21:23

If owned 50/50 then she needs to get a mortgage for 50% and buy him out. She will be entitled to child maintenance but nothing else

Original poster
Huddle · 17/07/2021 21:24

neither are able to get a mortgage

OP posts:
Topofthepopicles · 17/07/2021 21:25

Talk to a lawyer but my understanding is if they aren’t married then it’s no different to if they were two friends who own a house together. If one of them wants to sell then the other has to buy them out or take half the equity and move.

PegasusReturns · 17/07/2021 21:27

@Maggiesfarm you’re wrong. Posting nonsense on the legal board is really not helpful.

OP if neither of you can afford to buy the other out, through mortgage or other means, then the house will need to be sold and the proceeds split 50/50

Original poster
Huddle · 17/07/2021 21:28

it's the fact they have young children that is causing them to question whether she legally is allowed to keep the house until they are older

OP posts:
PegasusReturns · 17/07/2021 21:28

@Huddle as someone else pointed out that doesn’t even happen in most divorce cases.

popcorndiva · 17/07/2021 21:29

Well then if neither can get a mortgage, house needs to be sold, and profits split.

Original poster
Huddle · 17/07/2021 21:34

Thank you all. That was what I thought. It's not me btw. I will encourage them to speak to a solicitor

OP posts:
MichelleScarn · 17/07/2021 21:34

[quote Huddle]@Maggiesfarm that's along the lines of what was said.

Sorry yes not that he wouldn't get anything but he'd have to wait until they are much older but would only get back the amount he would get back if it sold today.

No reference to common law but I guess that's the kind they were going down[/quote]
So she gets to live in the house for years, and when they finally sell, she gets to keep any profit?

CinderFuckingRe11a · 17/07/2021 21:36

@Huddle

it's the fact they have young children that is causing them to question whether she legally is allowed to keep the house until they are older
No, not if you’re not married
CinderFuckingRe11a · 17/07/2021 21:37

It really is much more than ‘a piece of paper we don’t need to show that we love each other.’ It’s a contract with financial responsibilities.

Hoppinggreen · 17/07/2021 21:52

@Huddle

no not a lawyer. I'm suggesting they speak to one but wanted to get an idea of what the actual situation might be
You get that by speaking to a lawyer
gogohm · 17/07/2021 21:54

Generally the house would be sold in these circumstances, and split 50/50 if it went to court a judge could order the sale to be delayed for a set amount of time however this is very unusual even in marriages these days. Any other joint assets eg joint accounts also 50/50.

Child support is payable if applicable

endofthelinefinally · 17/07/2021 21:58

It depends on what written evidence she has of ownership of any assets and proof of financial contribution. The maintenance and residence/care of children will be decided by the court. She has none of the rights normally associated with a legal marriage.