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familylawexpert
familylawexpert, Family Solicitor
Category: Family Law
Satisfied Customers: 311
Experience:  Substantial experience (14yrs +) in divorce, financial cases, cohabitation, pre-nuptial agreements and civil partnerships.
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Separating from partner of 7 years and house is in his name

Customer Question

Separating from partner of 7 years and house is in his name as I stayed at home to raise our son and have had no income. Now he is selling up and putting us out, do I have any interest in the house financially ? Can he legally do this to his sons home. I have no savings etc as everything is in his name as he continued to work. Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  familylawexpert replied 3 years ago.
Hello,
My name is Mac. I can help you with your question. First, I have three further questions:
Did you make any financial contribution to the house at the time of purchase?
How much is the house worth (roughly) and is there a mortgage?
What does the father earn (and what kind of work does he do)?
Kind regards,
Mac
Customer: replied 3 years ago.

He bought the property a year before I moved in and I gave up my rented 2 bed housing association property/life home. Iv not made any financial contributions as we have been together 7 years but I just moved in with him few months before our son was born 5 years ago. I havnt worked as financially didnt cover cost of childcare. Ex partner is an aircraft engineer with around 50.000 a year rough income and is working away alot over 5 years making it extremely difficult for me to work part time with having our son. Hope this helps. Anymore questions please ask.

Customer: replied 3 years ago.

House has been valued at 185.000 and morgage is in his name. We are not married but have been living together just over 5 years. Sorry I forgot to add that. He only told me an hour before estate agent arrived he was selling our home and I have 2 children. One who is 5 that is his son and my other son is 16 and has been like a son to ex partner since he eas 9 years old. Many thanks

Expert:  familylawexpert replied 3 years ago.
Hello,
You do not have a claim over the house in your own right.
However, you do have a financial claim on behalf of your son. (It is called a 'Schedule 1' claim). I recommend first that you refuse to leave without him putting in place suitable housing arrangements for your son and you.
If he refuses to make such provision, you should suggest mediation, so that there is a third party to help the two of you to discuss a reasonable agreement (which must include sufficient housing for the two of you).
If he refuses to go to mediation (or you go to that and it fails to end in an agreement), you should find a local lawyer and instruct that lawyer to make a Schedule 1 Claim on behalf of your son.
In respect of ongoing maintenance, the least that he should be paying you is broadly £500 per month. If he is not paying that to you, then you should make an application to the CSA (which you can find online).
I hope that is helpful.
Regards,
Mac.
Customer: replied 3 years ago.

He has informed me this morning he has accepted an offer of 180.000 and I now have around 6 weeks to find suitable accommodation but rentals are scarce around me. Paperwork hasnt been processed yet so is it worth me getting local solicitor as I dont have much money as he has everything. Will our son be entitled to benefit finacially ? Im receiving 400 childsupport at min a month so may need to look into that aswel. Thank you... im sick with worry we are going to end up in homeless b&b as council have suggested.

Expert:  familylawexpert replied 3 years ago.
Hello,
I'm sorry to hear about the pressure he is putting you under. You should tell him that unless he immediately makes a proposal in writing providing for you and your son to be housed, you will go and instruct a solicitor to apply for an occupation order permitting you to remain in the house - which will delay a sale at least. You should not sign any documents that he produces without legal advice on them.
Don't be too scared to do anything. He is bullying you, and you need to take action.
I wish you the best of luck,
Mac.
familylawexpert and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you. I shall enquire at how much local solicitors cost. He knows I have no savings as everything is in his bank and knows I will struggle to cover legal costs to fight this. Thank you for some hope finally, I was running out of places to turn. Thank you so much for some hope again. Kelly x

Expert:  familylawexpert replied 3 years ago.
Hello Kelly,

Your local Citizens Advice Bureau (or perhaps similar facility at your local family Court) should be able to help you fill out an application for an occupation order. After that, you may find he's more reasonable as he'll be unable to get his way so quickly. You may also find the Court will be helpful.

Best,
Mac
Customer: replied 3 years ago.

Thank you. Im on a mission now to protect our sons rights tomorrow with a local solicitor. Before sale is completed and he moves im with his new girlfriend. Do you have any idea what my son maybe entitled to into a savings account for his future? Thank you

Expert:  familylawexpert replied 3 years ago.
The father will be under an obligation to make monthly payments of maintenance to you for your son, but not necessarily to make a lump sum payment into a savings account.

Good luck.
M.