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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Splitting up have one child together..does anyone know my rights to try to stay in the house?

3 replies

missdior01 · 25/05/2011 23:13

Please give advice if you know if its possible to continue living in our home even though we are splitting and have a child together ..this is his house as he is on the mortgage and i am not :( do i have a right to try to stay and ask him to go??

OP posts:
FabbyChic · 25/05/2011 23:35

You have rights if you are married, but otherwise you will have to leave and rent somewhere with your child.

If you have contributed to the mortgage at all and are married you can argue you have a stake in the home I believe.

perfectstorm · 25/05/2011 23:50

Please post about this on legal. If you've paid towards the mortgage you may have a share of the equity in the house (housework doesn't count, needs to be money) but this is the wrong thread for that. Law in the area is complicated and nobody here is qualified to give an answer - you need the law thread, here There are several family lawyers posting there who will give you good advice. Relationships is not the place for it, IMO. We aren't lawyers and the law varies a lot by circumstance.

I'm not a lawyer, but I do know that if you're married, you automatically have rights over the other person's property when/if you part, whether or not it's in joint names and whether or not you've paid towards it. We don't have community property when married in England and Wales but we do on separation. The law takes things such as length of marriage, and whether there are kids etc, into account. (They almost never take behaviour into account. You have to try to kill someone or something before they do - someone can sleep with your sister and it's irrelevant to the money side). Usually my understanding is that the primary carer of the child is often the one who gets to stay in a marital home. But neither party can oust the other until a legal agreement has been reached, either, afaik.

If you aren't married, then the normal law applies, which is a bit of an issue, to put it mildly, when people have kids outside marriage. The person who cares for those kids can be screwed if she stays at home etc. However, the normal law looks at what the intentions of the parties was when sharing the house, and if you paid towards the mortgage than that strengthens the argument that you may have some rights to the equity. The main thing they consider is whether the two of you had an understanding that you would have some rights over the property, I think. But as I say you need to ask a family lawyer in legal for advice on all this as it's a specialised area, especially if you aren't married.

missdior01 · 26/05/2011 18:56

Thanks for the help :)

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