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Lone parents

Use our Single Parent forum to speak to other parents raising a child alone.

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Original poster

Advise needed please

13 replies

KatieMac · 17/03/2004 20:07

Help - one of my Mums (I'm a childminder) has been given a month to leave her partners home.
They have been together for 6 years and only split up when they found out she was pregnant.
At that time it was decided that she would live in his house and do it up. Previously she paid bills and he paid mortgage.
Is there anything she can do?
Is there any helpful advise I can pass on?
Does she have any rights?

OP posts:

collision · 17/03/2004 20:12

IMHO I dont think she has any rights at all. If the house is in his name then legally it is all his. Do they have any children together ATM? If so he is legally responsible for them. What a sod, kicking her out when she is PG. Im sure someone else will have wiser words for you.

mammya · 17/03/2004 20:21

I think she should go to the Citizen's advice bureau or see a solicitor as soon as possible to find out, but as collision said I don't think she's got any rights to the house if they were not married and it's in his name. He should pay maintenance for the child though.

sb34 · 17/03/2004 20:26

Message withdrawn

lou33 · 17/03/2004 20:28

Legally there is no such thing as a common law wife in england.

mammya · 17/03/2004 20:29

Hi sb! I thought the common law wives/husbands status didn't actually exist in British law? I seem to remember that from other threads. But not 100% sure

mammya · 17/03/2004 20:30

This reply has been deleted

Message withdrawn

Original poster

KatieMac · 17/03/2004 20:44

Sorry guys baby is 15 months she has been living in his house even tho' they weren't together since they found out she was preg
She is going to see CAB & Solicitors soon - i just thought I would ask you lot (as your advise is very practicle)

OP posts:

collision · 17/03/2004 20:46

Then she can screw him for every penny he has!! Tell her to contact the CSA asap

150percent · 17/03/2004 20:50

She needs to see a solicitor straight away - when is baby due?

She may limited rights, but the baby may have more rights. This happened to a friend - bf walked out when baby was 11 weeks old. She has taken him to court, and basically has the right to remain in the flat until dd is 18 (the equity in the flat passes to dd, not sure about how the rets works as she has to pay the mortgage). She has also got a lump sum of £30k, and is awaiting a CSA claim too.

Tell her to get to a solicitor asap (don't bother with CAB - this is a really specialised area). And don't budge from the house until she has taken legal advice. My friend stayed in the flat for 2.5 years until he case finally came to court (and obviously is still there).

Original poster

KatieMac · 17/03/2004 20:54

150percent - is that right even if they aren't married?

I didn't explain myself well the first time - she split up with him when she was preg - but she carried on living in his house, her baby is now 15 months old-but he wants to throw her out now!! - He is using it as a treat to get his own way

OP posts:

MeanBean · 18/03/2004 09:33

She has to get a lawyer right away - 150percent is right about the CAB, they won't be able to help her.

The fact that she substantially contributed to the house (she paid bills, were they in her name? Can she prove it? Did she do most of the labour in the house? Cooking, vacuuming etc., plus paying the bills?) is in her favour.

I suspect that the later she split from him, the stronger her case.

Fizog · 19/03/2004 09:03

I've only just seen this thread but, if she moved in to the house witht hte expectation that she would be living there full term and/or she substantially contributed she can stake a claim of interest on the property with the land registry, a solicitor can help her. I don't know the ins and outs but I think this is the jist...

She stakes an interest in the property with the land registry, the land registry make the owner of the property aware that she has staked a claim - now she won't necessarily get anything but this stake HAS to be settled before he can seel the property... this often means the owner of the propertly will have to pay a cash settlement to the person who staked the claim. The amount is decided by a court according to the circumstances. It's a painful process for the property owner!

Definitely worth mentioning this!!

Twinkie · 19/03/2004 09:16

Yes thats the way to do it - get a order put on the house stating her interest - this si what I have slapped on my old house - x2b can't do a thing inh terms of selling it until it has been cleared with me!! Ha ha ha ha ha - Taht will teachthe bastard.

Mind you she sooo needs to go and see a solicitor - they are not tooo scary believe me I have seen loads of them!! (Except one scary one SB and I went to see who had a stutter - only on the word SEX which he repeated frequently saying that maybe the marriage broke down because she did not understand Ahs need for it - He was a funny one!!)

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