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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Could I ask please: in a situation where a couple have split

Resolved Question:

Could I ask please: in a situation where a couple have split up after being together for 3 years where they are not married, but have a child. Is the mother entitled to any benefit/cash from the house they currently live in? The mother is not named on the deeds of the house and the house was bought solely with the proceeds of the sale of the father's previous flat.
I would very much appreciate your advice on this.
Also, the mother is saying that the father of the cild is not entitled to see his baby unless she agrees as and when.
Kind regards.
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
HelloWelcome to Just AnswerI am a Solicitor and will assist you.Please may I ask:- has the mother
1) paid a deposit?
2) paid the mortgage?
3) added value through renovation?In respect of the father?
- what are the reasons being stated for a relationship to be denied?
- are there any child protection concerns?Kind RegardsCaroline
Customer: replied 1 year ago.
No the mother did not pay any deposit. No she has not paid the mortgage, she did contribute a sum of money to bring the house up to date.The father has asked that the mother not be in the house when he is looking after the child; that she returns to stay with her mother. He leaves the house when she needs to be there for whatever reason.There are no child protection issues; just 2 very unhappy young people who have reached the end of their relationship.
Expert:  ukfamilysolicitor replied 1 year ago.
HelloThank you for your response.I am sorry to hear of the breakdown.What would you value the added increase to the property that the mother made?Kind RegardsCaroline
Customer: replied 1 year ago.
I believe that the mother paid some £40,000. The father paid the initial asking price of £450,000 financed by the sale of his previous London flat and a contribution made in turn by his own father. The father of the child is willing to repay this sum which was for various bits and bobs to make the house more comfortable. As it is a London house, albeit in an 'up and coming' area, the property has increased in price since the couple moved in.
Customer: replied 1 year ago.
Sorry .... warm regards Pattie.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello PattieThank you for your response.Just one more question - has the mother already moved out?Kind RegardsCaroline
Customer: replied 1 year ago.
Hi Caroline. No she hasn't. The father vacated the property for a few days after the break up to give them some space (this only happened the weekend before last). He then looked after the child at his parents' house from Friday until today. The father has asked that the mother stay with her parents for a while until they can sort out a more permanent arrangement. The father would like the mother to move out because of a breakdown in trust within the relationship. The father works in London and needs to return to the house. The mother does not work and could stay at her mother's, but is refusing to do this. She has left the property today for a few days but intends to return at the weekend.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello PattieThank you for clarifying that for me.I will prepare an answer for you now.This will take me about 15 minutes.Kind RegardsCaroline
Customer: replied 1 year ago.
Thank you Caroline. This is very much appreciated.Best regards.Pattie
Expert:  ukfamilysolicitor replied 1 year ago.
Dear *****tieIn relation to the child - it is the position of the Family Courts that children are entitled a relationship with both of their parents as long as there are no child protection concerns as to why this shouldn’t be the case.It is also the position of the family court that parents should share responsibility and that neither parent has greater rights then the other parent.As long as both the mother and the father can both meet the child's whilst in their care – then the courts would expect the parents to agree a parenting plan between themselves in respect of when the child should spend time with both of them.If the mother does deny the father a relationship with the child then consideration should be given by the father to applying to the Family Court for a Child Arrangement Order to confirm that time that he can spend with his child.The first step to obtaining an order to secure the time the father spend with your child is to refer his case to family mediation. There are lots of family mediation services and there will be one local to them. Just google Family mediation in your area and give them a call to self refer and get the ball rolling. Mediation will help both parents try and agree a plan without the need for court. If, however the mother will not engage in mediation or agreement cannot be reached – then the mediator will sign the form that the father needs to be able to apply to court.
The court application form (C100 Form) would be sent to your local family court. The court fee is £215.
The court will then make an order based on the childs best interest – and as mentioned above – the emphasis of the court is that the child is allowed to develop a meaning and loving relationship with both their parents, which should not be unduly restricted.In respect of the property - as the mother has contributed towards renovations then she would have a claim under the Trust of Land Act for the increase in value. This doesn't appear to be disputed by the father and once again I would advocate the use of family mediation to reach an agreement in respect of settling the mothers claim. Otherwise a county court would be able to make a declaration as to the mothers beneficial interest in the property and if need be the county court can also order a sale of the property so that her interest can be realised.Although the mother has no right to reside in the propery - as she is not a legal owner of the property - The father has to be aware that the mother can make a claim under Schedule 1 of the Children Act for provision for the child. This type of application would be on the emphasis of the child's needs. One possibility that she may ask for is for provision for housing for the child. This type of application would also look at the fathers means and if the court made an order that housing should be provided for the benefit of the child - this would last until the child reached majority - then any such asset would revert back to the father.Please do not hesitate to ask if I can assist you further.
Kindest Regards
Caroline
Please kindly remember to star rate my service.
Customer: replied 1 year ago.
Hi Caroline. This is sound advice thank you. Whilst the father of the child would be willing to repay any monies spent by the mother; would you kindly confirm what you mean by a claim for "the increase in value'? Are you suggesting that the mother would be entitled to a percentage of the increase in the value of the house since moving in? This increase could amount to £200,000. This does seem disproportionate to the amount of the mother's investment. Also, the contribution by the mother was made after the property was bought (estate of her late father).Just so that I can be completely clear about this.Many thanks.Pattie
Expert:  ukfamilysolicitor replied 1 year ago.
Hello PattieMy apologies - Increase in value literally relates to the renovation only - not generally. This being the value added by the renovations only.Let me know if I can clarify anything else for you.Kind RegardsCaroline
Customer: replied 1 year ago.
Thanks again Caroline. This has been most helpful. I will of course rate you accordingly.Kindest regards.Pattie
Expert:  ukfamilysolicitor replied 1 year ago.
Hello PattieThank youIf I can you any further - please do not hesitate to ask - as your question stays open when you have left positive feedback and I can answer your follow up questions for freeKindest RegardsCaroline
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 757
Experience: Divorce, Finances, Children, Domestic Violence, Care Proceedings
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