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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1096
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner moved into my house 6 years ago with my

Resolved Question:

Hi,
My partner moved into my house 6 years ago with my daughter and her daughter from a previous relationship. We have since had two more children but have never seemed to have got on. Without getting into to much detail. I have always struggled with my partner and her daughter being in my life. I thought I would try for the sake of my first child at the time but 6 years on I still feel the same. I am an educated person and have been successful in Business. She is the opposite and we have nothing in common and as you can imagine I wasn't too pleased when she announced she was pregnant with my first child. I am unsure as to where I stand financially as we are not married.
Submitted: 2 years ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please can I ask:
- Is your property owned or rented? if owned whose name is ***** ***** in?
- has your partner contributed towards the mortgage / paid a deposit / renovated / redecorated the property?
- how old are the children?
Kind Regards
Caroline
Customer: replied 2 years ago.

Hi Caroline,

I have owned the property for 11 years and the mortgage is in my name. Her Child is 16 and my children are 11, 7 & 1.

I pay the mortgage, utility bills, her Vehicle bills, mobile phone etc. She pays for the shopping. We both work from home. She is a full time child minder and I work as an online retailer.

Expert:  ukfamilysolicitor replied 2 years ago.
Hello
Thank you for your response.
As you have confirmed that the house is in your sole name and your partner has not contributed towards the property ( and because you have not married) your partner will not have a claim in respect of your property. The area of law that deals with property disputes for unmarried couples is the Trust of Land Act and for your partner to have a claim for a property in your sole name then she must have contributed towards the property by either 1) paying towards the mortgage 2) have paid a deposit or 3) added value to the property through renovation/ redecoration.
That being said - as you have children together - and if you did decide to separate - the your partner could make a claim on behalf of the children under Schedule 1 of the Children Act.
If this type of claim was made then the court has power to make one of the following orders for the benefit of the children:
1. Periodical payments, (ie maintenance, subject to the Child Maintenance and
Enforcement Commission’s jurisdiction).
2. Lump sum payments (to cover capital expenditure for the benefit of the child).
3. Settlement of Property to be made for the benefit of the child, (on trust).
4. Transfer of Property for the benefit of the child.
5. School fees order.
If the court did make a transfer of property order for the benefit of the children - then this would only be until the children reached a majority age and then the property would revert back to you.
Kind Regards
Caroline
Positive feedback is gratefully received. Happy to discuss further.
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