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Original poster

Mortgage is in my baby’s fathers name & we’re separating

22 replies

Newmum201888888 · 02/07/2019 12:32

So me & my babies dad have decided it’s best that we separate as being together isn’t working and unhealthy for our baby to be around. We have lived together since 2016, the mortgage is in his name but I contribute to bills, shopping, cleaning, cooking & I stay home looking after our baby Monday-Thursday while working Friday-Sunday. I have also contributed to paying towards decorating & items in our home. What are my rights as the mother to his child? He wants me out of their asap but it’s not realistic to move out as soon as he clicks his fingers. I obviously want to move and hate being here but surely I’m entitled to living here as much as he is?

OP posts:
FetchezLaVache · 02/07/2019 12:37

You'd be better off getting some proper legal advice through CAB or similar, but if you're not married, I'm afraid I don't think you have any claim to continue living there.

AmericasAss · 02/07/2019 12:39

I take it the deeds are in his name as well?

You need specialist advice. But, generally, If you have never registered an interest in the property, you arent entitled to anything from the house.

I am presuming you arent married.

cheezy · 02/07/2019 12:46

Unfortunately I fear you may not have any legal rights to the house, if you aren't married and are not on the deeds or the mortgage. Get some proper legal advice asap.

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OneRingToRuleThemAll · 02/07/2019 12:50

If the mortgage and deeds are in his name, then it's his house.

Hoppinggreen · 02/07/2019 12:51

It’s his house and you aren’t married so you aren’t in a very good position I’m afraid

PotteringAlong · 02/07/2019 12:52

Unmarried? Then you’re knackered.

notapizzaeater · 02/07/2019 12:52

You need to get proper legal advice but without being married or your Name on mortgage/ deeds then you don't have any claim

sneakypinky · 02/07/2019 12:57

If you're unmarried and your name isn't on the mortgage then you have zero rights.

Unless you signed a cohabitation agreement or something.

If not he can legally change the locks on you and there's nothing you can do. You've affectively been a lodger from a legal standpoint.

Tobebythesea · 02/07/2019 13:03

I’m afraid you have zero rights in this case.

Thursday452poh · 02/07/2019 13:05

Unfortunately I would suspect you have zero rights as it’s his mortgage and his house.
Unless something was drawn up prior to moving in together or you can prove that you had contributed X amount to the payments each month then you are not in a great place.
I’d seek legal advice but it is costly

NoBaggyPants · 02/07/2019 13:13

You might argue that you have a constructive interest in the property, but on the information given that's going to be tiny and not worth the cost and hassle of fighting. If you'd paid for a £20K kitchen or the like it might be worth fighting, but if all you've contributed to the material of the house is decorating, then there's no point in pursuing that route.

Do you have family you can stay with, do you have funds for a rental deposit?

Newmum201888888 · 02/07/2019 13:28

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

AmericasAss · 02/07/2019 13:30

OP, I understand you are stressed an upset. But I dont think that poster was being insensitive.

That post sums up the situation.

Hoppinggreen · 02/07/2019 13:32

Yes, it’s not good news OP but potteringalong is right and no amount of sugar coating it will make any difference

NorthEndGal · 02/07/2019 13:35

@PotteringAlong only said what everyone else said, just a bit brief

As horrible as it sounds, there is a reason why everyone says get a ring in it.
It really does make a difference.

Femodene · 02/07/2019 13:39

Boyfriend and girlfriend have no legal rights beyond whatever they signed on a tenancy agreement or mortgage. You have to opt in to legal protections, by marriage. Your ex’s only responsibility (legally) is to his kid-paying child maintenance and co-parenting.

user1471449295 · 02/07/2019 13:44

You have no claim. It sounds like you are unmarried, and his name only is on the deeds and mortgage. Paying some bills/decorating doesn’t hold any weight against ownership. He has an obligation to pay child maintenance only.

PotteringAlong · 02/07/2019 17:17

Newmum201888888 I’m not being insensitive. A little blunt, I’ll grant you that and for that I apologise. But you’re not married. You’re not on the deeds of the house. You’re not on the mortgage. You have zero claim and zero rights here. In what way do you think you’re NOT knackered here?

sneakypinky · 02/07/2019 20:08

What would you like to happen OP?

MeanMrMustardSeed · 02/07/2019 20:14

The thing is, every day (there was one just earlier today), there are people on MN insisting that they don’t need a ‘piece of paper’ to demonstrate their commitment to each other. And every day there are posts like this where the woman is buggered because she’s been paying into a house she has no legal claim on. It is frustrating.

sneakypinky · 02/07/2019 20:20

@MeanMrMustardSeed We were not married when we bought her house, but are both names on the mortgage as joint tenants.

sneakypinky · 02/07/2019 20:20

Argh thumbs.

Our house.

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