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Original poster

Not married. What would I be entitled too

17 replies

number277 · 01/10/2016 22:50

As the title explains! We have lived together for nearly 3 years and have a 9 month old together. If we was to separate I know he would kick me out and "keep" our son. I don't want to go into to much detail unless I have to , but are we classed as "common law" partners now?

OP posts:
theansweris42 · 01/10/2016 22:52

No.talk to a solicitor. If it is his house you've no rights to property.
But he cannot "take" your son. Flowers

SheldonCRules · 01/10/2016 22:54

There is no such thing as common law partners, without details no one can advise re property etc.

Diamogs · 01/10/2016 22:56

Are you in rented or do either or both of you own the house you are living in?

ILostItInTheEarlyNineties · 01/10/2016 22:56

No. You would not be entitled to anything he possesses if you're not married. However, unless there is proof that you are an unfit parent, main custody is usually given to the mother.

It's difficult to give you any more advice with so little details, but I hope you are ok.
You can contact The Samiritans or Womens Aid if you are having difficulties with a partner.

bloodyteenagers · 01/10/2016 22:58

You are only entitled to anything that you legally own. If your name isn't on the deeds/tenancy then you don't own the house.
Any goods that you have recipt for are yours.
Children, are not possessions and can live with either parents. So yes, he could kick you out (if you don't legally own/rent) and insist the child remains with him, and the police could not intervene. Then you would have to go through the legal channels of mediation/court for a legal decision to be made.
Common law does not exist.

Iflyaway · 01/10/2016 23:06

If we was to separate I know he would kick me out and "keep" our son

You are not giving enough info for anyone to comment on really...

But really, he cannot do that. I would suggest a lawyer. Or CAB. Tomorrow.

MrsBertBibby · 01/10/2016 23:07

Wow, OP, an astonishingly ignorant set of responses here!

Please find the cash to see a family solicitor. The law for unmarried families is quite complicated, but you have quite a few more options than the posters here think.

Iflyaway · 01/10/2016 23:08

Monday...

PigletWasPoohsFriend · 01/10/2016 23:08

No where near enough info to comment.

Generally though no you wouln't be entitled to anything that wasn't yours, other than child support.

HeddaGarbled · 01/10/2016 23:27

No, no such thing as common law partners.

The child/children usually stays with the primary carer so if he works and you don't, the norm is that your son would live with you but see his father regularly including overnights and weekends. If you both work or neither work so there's no obvious primary carer, then 50 50 would be the norm. Only way he's likely to "keep" your son is if he's the primary carer while you work full time.

It's his house, yes? So yes, you'd probably have to move out. If you can prove financial contribution to the mortgage or home improvements, you might be able to claim a share of the equity. Otherwise, no, just maintenance for the child.

Justaboy · 01/10/2016 23:28

Yes do try to get some legal help I might be wrong but if push came to shove to court over this you'd have a very high probability of keeping custody of the child and he'd have to pay some support.

Lilacpink40 · 01/10/2016 23:32

Not enough information.

In theory he could apply for 50:50 care, but he couldn't take your son.

NerrSnerr · 02/10/2016 07:56

As pp have said there is no such thing as a common law wife. Who does the House belong to or is it rented?

AyeAmarok · 02/10/2016 08:02

Are you in Scotland?

Even so, I think it's 5 years before you can claim to be common-law partners here.

You need to give us a lot more information.

Youarenotprepared · 02/10/2016 08:27

You have far fewer rights being unmarried but do have some. Custody would usually go to the primary carer so often a sah parent, part time working parent or whichever does the majority of childcare in a usual week. However if you have literally no where to go he could potentially argue that it's best for the child to remain with him (if for example he solely owns the house) you need a solicitor asap, ideally before you are forced into a breakup.

AttilaTheMeerkat · 02/10/2016 08:40

You need to seek legal advice re your situation and as soon as possible.
No such thing as "common law" in English civil law, the concept does not exist.

Basically what is his is his and what is yours is yours. If it is solely his property for instance, he is within his rights to ask you to leave.

DiegeticMuch · 02/10/2016 09:59

Please see a solicitor before you do anything.

Unmarried people have fewer rights as PPs have said. However, your child can't be taken away from you, just like that.

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