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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:
Alarae · 17/07/2021 21:59

The whole 'stay in the house until children are older' idea is a Mesher Order, but that only applies if you are married. It is also very rare nowadays regardless, as most courts now favour a clean split between parties.

As they are not married, there is nothing in law to provide for this situation. It would have to be an agreement between the parties however if the ex-DP wants his money from the property he can go to court and force a sale and the courts will probably agree with him.

They really should sit down with a solicitor to ascertain their rights as no party should be leaving disadvantaged.

endofthelinefinally · 17/07/2021 21:59

There is no such thing as a common law wife or husband.

endofthelinefinally · 17/07/2021 21:59

I hope both partners have made wills.

sabrinathemiddleagewitch · 17/07/2021 22:01

@Huddle

neither are able to get a mortgage
Why not?

Second option would be to sell and buy somewhere cheaper with her 50%

Original poster
Huddle · 17/07/2021 22:03

I very much doubt it @endofthelinefinally

Getting them to sit down with a solicitor will be tricky. All I can do is suggest it and then leave them to it

OP posts:
Original poster
Huddle · 17/07/2021 22:03

@sabrinathemiddleagewitch neither of them work

OP posts:
MichelleScarn · 17/07/2021 22:12

So wheres the income from?

Original poster
Huddle · 17/07/2021 22:15

benefits to live on. inheritance to buy the house

OP posts:
Soontobe60 · 17/07/2021 22:19

@Huddle

benefits to live on. inheritance to buy the house
Who’s inheritance was it? And when did they get it?
Snookie00 · 17/07/2021 22:20

Is there a reason why neither of them work? Looks like they’re both going to have to seriously consider whether they can afford to divorce and set up two separate households with no earned income. If they get a lump sum from the sale of the house then they will be expected to use this cash to fund their living costs including rent if they can’t use it to buy a new property. What has prompted the divorce?

Snookie00 · 17/07/2021 22:21

Apologies - meant if they could afford to separate - not divorce. What has prompted the separation?

Original poster
Huddle · 17/07/2021 22:38

both had separate inheritances so contributed to buy the house 50/50.

can't afford to separate really but what can you do 🤷‍♀️

OP posts:
HollowTalk · 17/07/2021 22:43

Could they turn the house into two flats?

Wheretobuy · 17/07/2021 22:54

How do they receive benefits if they own a house mortgage free?

AnneLovesGilbert · 17/07/2021 22:57

Why are they so averse to getting legal advice from lawyers? Who has the existing wrong advice come from?

It’s all very mysterious.

Original poster
Huddle · 17/07/2021 22:59

@HollowTalk no it's not very big at all.

@Wheretobuy I'm not sure what bebefits they receive but apparently they do. All above board as far as I'm aware

OP posts:
Melonportal · 17/07/2021 23:00

Would she consider looking for work? Then she might be able to get a mortgage and buy out the other party's share of the property.

Original poster
Huddle · 17/07/2021 23:02

@AnneLovesGilbert not mysterious. The existing "advice" was from a relative

They but have mental health issues so trying to get them to help themselves is virtually impossible.

OP posts:
Original poster
Huddle · 17/07/2021 23:03

both, not but

OP posts:
Original poster
Huddle · 17/07/2021 23:04

@Melonportal I'd be ecstatic if either would get a job but sadly due to the mental health issues I think it's highly unlikely

OP posts:
Original poster
Huddle · 17/07/2021 23:05

Apologies if this is coming across as mysterious. I just would rather not be recognised

OP posts:
MichelleScarn · 18/07/2021 08:27

How old are the dc and what's going to be the care arrangements 50:50? How are they managing with the stress of parenting? They but have mental health issues so trying to get them to help themselves is virtually impossible. do they seek help when needed for the children if they struggle to for themselves?

GreenClock · 18/07/2021 08:42

Dismal situation. If keeping the house for the children is that important, one of them will need to get a job in order to obtain a mortgage to buy the other out. There are no other options.

ApolloandDaphne · 18/07/2021 08:51

They either need to get jobs or sell the house and share the profit. When did they buy it? Has it increased a lot in worth?

chelida · 18/07/2021 09:21

OP you need proper legal advice, not people on here.

I'm in a similar situation and was recently advised by a family lawyer that yes, it can be the case that you get to stay in the house and his share of the property has to "wait" until the children are older (the issue is that the children can have a right to a home until they are 18, so it is very much affected by the children).

Don't waste time on a thread like this with unqualified people giving their opinions about what they think ought to be the case -- get proper advice instead. I wish you well Flowers