Partner has walked out, how do I stand? Cohabiting

[bella140708]

I’m currently living with an ex partner who has basically walked out on myself and our 8 month old baby.
He is very narcissistic/suffers with addiction and controls everything. I’ve been living with him for five years.
He owns quite a successful company and owns the car, house we live in (asset of his company, all paid outright), he pays my wages and pays all the bills.
He is self employed so just takes dividends from the company, so on paper he looks like he is on minimum wage and threatening me that I’ll only get the minimum amount from CSA. Also how do I stand with the house etc. He’s leaving me with nothing, I’m basically homeless.
Can anyone shed any light or give me some advice please as I’m desperate
Thank you

I'm presuming by saying partner you aren't married? If not and he owns the house, i don't think you have rights to anything apart from child maintenance.

You need to get a claim in for Universal Credit, unsure on your work situation, and you need to start looking for somewhere to rent/live

If you are married then everything he owns (assuming you are in England) is assets belonging to the marriage and in a divorce you will get a share (how much depends)

If you are not married then it depends on if the house etc are owned jointly. If he owns the house etc in his name only then the only thing you are entitled to is cms.

You say "partner" so I assume you aren't married?

In that case, unfortunately, you have no claim on any of his assets. All you will get is child maintenance, and he is sadly correct that he can game the system by taking dividends, which will make the maintenance minimal.

You will have to get another job, claim any benefits you are eligible for and look at social housing (if eligible) or private rental.

Assuming not married, you have no entitlement to the property, his money etc. I'm really sad for you, I really wish people were aware of the risks of not being married, especially with a baby.

This. I’m really sorry op, if you were unaware of the risks of having a child if not married. His house, his car, his money - all his. You are entitled to money for your child but it likely won’t be a lot as hes got you there too if he’s self employed and it can be made to appear that he pays himself very little. You need a job asap op. And legal advice. And advice about benefits, housing etc.

There's no point in getting legal advice if the answer is going to be the same. Why waste my money? I thought I had a beneficiary interest on the property being with his child

Bur you say it’s his house op, so I assume you are not on any deeds. Therefore you have no rights to it, sorry.

Do you have a contract for your employment? ACAS would be people to talk to about that.

You're entitled to child support which i think would be about £225 per month.

You'd also get universal tax credits and child benefit.

Get legal advice. Has to be worth exploring the options

Call Gingerbread - they can advise you - it can take a while to get through.

This might be helpful, OP. Call Shelter and see if they can advise. But you are in a very vulnerable position by not being married.

https://england.shelter.org.uk/professional_resources/legal/relationship_breakdown/housing_rights_of_cohabiting_sole_homeowners/occupation_rights_if_one_partner_is_the_sole_owner#:~:text=a%20general%20guide.-,Definition%20of%20beneficial%20interest,by%20constructive%20trust

He'll also have to fire you properly - don't roll over on that, paid notice/redundancy/whatever..

But yes, otherwise, just child maintenance.

You might be able to fight for more if you have the money for solicitors, but given that it's not even his asset, but a company one, maybe not.

I would look up the company on Company's house though - just double check he didn't put you on as a director or anything, you might have more leverage there.

When you say he pays your wages, what do you mean? Was he a formal employer, did you pay tax on your earnings? This might have some bearing on your financial settlement if you have been dismissed without proper notice.

There is no such thing as a beneficial interest in a property because you have a child. You'd have a claim if you were on the deeds of that property. You can apply to the court under The Children's Act but there are limited circumstances where that would be appropriate. So for now, apply to CMS, apply for UC. Start looking for somewhere to live. I agree with PP that if he is going to sack you, he does it lawfully. So sorry, a lesson learned in not having children without marriage. It sucks and the law needs a massive overhaul but it is how it is cirrently.

The law doesn't need changing; rather people (women) need to educate themselves as to what it means to be unmarried and financially dependent on someone else. Time after time women will post here about this very situation - I'm sympathetic but also a little exasperated that women choose to make themselves vulnerable.

Also there are other things you can put in place to ensure you aren't left high and dry because your aren't married. A co-habitation agreement, being put on the deeds etc. Many people fail to protect themselves at all.

Only if you are married. If you are not married as Nd it's his house you'll get nothing. You could claim CMS for DC but that is all.

Why would you think that, politely? That if you had his child you got part of his house? There is no such thing.

unmarriedyou have no rights, you are living there at his good will. I’d look for another job and you need someplace to live. Agree custody and cm.

but no there is no point in seeing a lawyer, as you never married or had a civil partnership you have no more right to his assets than you have mine.

You could have a good chance of him having to house you if he has sufficient assets to house both of you .

www.kabirfamilylaw.co.uk/schedule-1-children-act-1989/

He sounds wealthy enough for you to speak to a lawyer about this as well as getting a lump sum child maintenance if he is going to deliberately minimise his income . Get all the documents you can .

So sorry, a lesson learned in not having children without marriage

So sorry, a lesson learned in not having children without marriage if you are unable to financially provide for yourself and house yourself.

there fixed that for you. Plenty of us are financially self sufficient and don’t need to be married to have a child.

I think you may have misunderstood the legislation. She isn’t going to be housed in this situation by him.

I'm really sorry, OP, but you're not entitled to anything from him except child support and it sounds as though he's sewn that up, too. Everything about him is dodgy.

He will already be deliberately minimising his income' if he owns a company.

He will be doing this legally and have proper accounting if it's a biggish successful company.

If he wants fifty fifty time with his child she won't get any maintenance at all.