Unmarried Couple Separating

[Huddle]

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

Try a Schedule 1 Children Act application. Not made one myself but it might be appropriate here. Might also provide some breathing space.

The parties concerned must seek legal advice based on full knowledge of their circumstance

No one here can advise except hypothetically.

Totally Hypothetically -

If they own the house 50/50 each is entitled to 50/50 share of the proceeds on sale.
As they are not married/civil partners the court does not have the same power to make financial/property/pension sharing orders for the benefit of one or other of the partners.
Under schedule 1 of the Children Act 1989 the court does however have the theoretical power to make a property order for the benefit of a child including transferring a property to a mother for this purpose until the child is 18.

Only a solicitor with full details of the parties’ circumstances could advise how likely this outcome is, particularly if the father is not wealthy.

Even if they were married she wouldn't get 100% of the value of the house. Sometimes in the case of a married couple the judge gives the right to the wife and children to remain in the house for a number of years. But don't think this happens if the couple isn't married.

@Viviennemary

Even if they were married she wouldn't get 100% of the value of the house. Sometimes in the case of a married couple the judge gives the right to the wife and children to remain in the house for a number of years. But don't think this happens if the couple isn't married.

Yes, it can happen if the couple are unmarried.

@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

Yeah, what you've been told is nonsense.