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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34140
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I lived with my partner for 10/11 years and we have 2 children

Customer Question

Hi, I lived with my partner for 10/11 years and we have 2 children together but were never married (I have 2 older children from a previous relationship), we have now separated but the house, bills, car etc. is all in his name. I have lived there for the past year by myself with the children and he has been paying the mortgage and bills but now he wants me to leave and has given me a months notice. Do I have any claim on the property or do I have rights to stay there?? I did not put money into the property when we moved in and was a stay at home mum for the first 4 years and then worked for the next 6/7 years after. Any advice to what I can or cant do would be appreciated, Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
How much is the house worth and how much is outstanding on the mortgage?
What other assets does he have?
What income do you each have?
Clare
Customer: replied 3 years ago.
Hi Clare,

The children are 11 and 8

The house is worth 250,000 and I think it there is roughly 90,000
Left on the mortgage. We brought the property for 125,000 so have made money on it.

He owns another house that he brought before we got together which he currently rents out to tenants.

I work 25 hours a week with a yearly income of 8700 and he is self employed so his can vary but roughly works out to be 20,000 a year.
I am currently trying to claim tax credits in my own name (which is proving difficult) so I can increase my income.

I hope this helps.
Expert:  Clare replied 3 years ago.
Hi
How much would a three bedroom property in the same school area cost to buy?
Clare
Customer: replied 3 years ago.
Hi,

it would range from 180,000 to 350,000/400,000 I'm guessing, same as most areas with the steady increase in property values..
Expert:  Clare replied 3 years ago.
Hi
From what you have said I am afraid that it is unlikely that you have any financial claim on the property since you have made no financial contribution to it.
HOWEVER your ex is under a duty to help you house the children until they are 18 - and on that basis you can make an application to the court using Schedule 1 of the Children Act for an Order allowing you to remain in the property until then.
When the youngest is18 however you would then have to move out and the property would revert to your ex
I hope that this is of assistance - please ask if you need further details
Please ask if you need further details
Clare

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