Splitting when you're not married - what happens? Advice please.

[CalamityKate]

He works, she hasn't since DC2 was born.

They've had a joint mortgage for about 10 years. Been together nearly 12.

2 kids together.

Everything in joint names.

How will she cope/what will she be entitled to financially?

Thanks x

Legally it's pretty straight forward.

What's in his name is his. What's in her name is hers.

Anything joint can be split however they decide.

So if the savings are in his name then crap! If the savings are in hers then yay! If it's in joint then I'd move it out swiftly and then later argue the toss. It's easier to seek forgiveness than permission.

Luckily the house is in joint names so she's kind of protected. Except he'll have been paying the mortgage throughout and she hasn't. She'll probably need to get some legal advice on what she may expect to receive from any sale of the house. But at least he can't just sell it without her permission.

Any arguments over the house is dealt as a land law issue rather than family. If they were married, it would be different. For example, she cannot claim on his pension.

His obligations will be to pay half the mortgage and child maintenance as per whatever the CSA deem is correct. That's it.

Hope that helps

Thanks :)

Its easier to seek forgiveness than permission ?

Oh that must have been what my xh was thinking then

Charming

Correction on the house issue - mortgage payments have nothing to do with it. If they hold as joint tenants then the split of ownership will be 50/50. If they hold as tenants in common then the split will be already agreed.