Unmarried rights?

[agnesnitt]

Okay, I'm an unmarried mother whose ex has decided the relationship is over. He wants to be with his new bit of fluff. We're still living in the same house while I look for a new place. It's fairly amicable, but I keep getting conflicting information on my rights as far as our daughter, unborn son and money/property is concerned. He is planning to sell the house we have shared for four years and I suspect he isn't planning to put any of the vast profit he'll make away for the kids. I don't want to fleece the guy, but I want to know the entitlements the kids and I have if any at all.

Can anybody point me in the direction of some legal advice that is free? I'm hoping to make it to the CAB, but as I have very little personal income it's hard to get to town.

Any advice would be much appreciated.

Can't help but bumping in case there's anyone else around who can. CAB are a good bet, they may be able to talk to you over the phone if you can't get in to see them.

Hi Agnes.

I'm a lawyer specialising in family law.

So far as the house is concerned, you can make an application under Schedule 1 of the Children Act l989 for an order that you and the children stay in the house until the youngest is 18, and that he pays part or all of the mortgage. At the end of that time, the house should be sold. At this stage you should be working out how much you should be entitled to when it's sold.

If the house is in his name only, you should at this point register a restriction against dealings at the Land Registry. This will stop him selling the house without your knowledge.

You have no rights to any of his pension or any maintenance for yourself.

He needs to pay 15% of his net salary to your child. This will increase to 20% when the second one is born.

You need to get a solicitor on board as soon as possible. To see whether you're entitled to Legal Aid (Public Funding), check out the Legal Services Commision website for the eligibility calculator.

To find a solicitor who does public funding, go to www.resolution.org.uk. Resolution is the body to which all good family lawyers belong.

HTH

Thanks Frog.

My local CAB is open tomorrow so I'm hoping to be able to find out my eligibility for legal aid and such then.

As it is, he has so far not made any attempt to move out, and seems to be hoping that I will. I was going to, but recent events have left me less inclined to just roll over and do as I am expected to. I'm very conscious of trying to safeguard something for my children now.

I just wish this was all over:/

Agnes

OK, well good luck at the CAB, tho' they'll prob. just refer you on to a local solicitor, so it wouldn't do any harm to start shopping around for one now.

Don't move out, whatever you do. If he gets nasty/violent, you can get an injunction and occupation order to chuck him out. Hope that's not necessary.

Quick question Frog, Can you go straight to a mediator to resolve this issue or do you have to be referred by a Solicitor. (Just thinking of the cost really).

Wish you well Agnes.

What's the best place to look for a decent solicitor then Frog? Are there local directories and such? I'm not too au-fait with things like this I'm afraid

Agnes

HotXMum, yes, you can self refer to mediation, however even if it's succesful, you need to have the terms of the agreement translated into a consent order if divorce proceedings, or a separation deed if no divorce.

Agnes, see my earlier post re. resolution. There are thousands of family lawyers registered on the resolution site so you should find a choice local to you. Before booking an appointment find out whether you're eligible for public funding, and then pick a public funding solicitor

You're a star Frog, I shall get onto that this afternoon. I will have to strike while I'm still all ranty or I'll get down and leave it

Love your name by the way, has made me smile today

Agnes