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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1166
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I have a child with my partner. We currently live in a

Customer Question

Hi
I have a child with my partner. We currently live in a rented house. Due to my partners actions I am unwilling to marry or buy house with him as things currently are. He is unwilling to pay a fair share towards bills, rent and childcare and he has been battling a drug additiction.
I am looking to buy a house to live in for more security. My partner (the child's father) can move in with the child and I - but if things don't improve between us I will break up with him and then ask him to move out of the house.
I want to check that he won't be able to claim a stake in the property if this happens.. can you please help?
Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 1 year ago.
Good Morning Welcome to Just Answer I am a Solicitor and will assist you today. I can confirm that if you do not marry - then your partner would only be able to claim a share in your property if any of the following were to happen: 1) He was to pay a deposit2) he was to pay toward the mortgage payments3) he was to add value to your property through renovation. You also need to ensure that the house is purchased in your sole name. You should consider a cohabitation agreement - setting out that the property is yours and that any payment he makes will be towards general expenses and not the mortgage. Do be aware that if you were to later marry - then the rules are different. If this was contemplated - then you should at that time consider a pre nuptial agreement to safeguard your position. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today
Customer: replied 1 year ago.
Thanks Caroline
Is the above still applicable given we have a child?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello Yes - given what you have said about your partner battling with drug addiction - I would assume that you would be the main carer for your child. If you were not the main carer and your partner was - then he could make an application under Schedule 1 of the Children Act for provision for housing for the child - this doesn't apply in your situation. Let me know if I can help you further. Kind Regards ***** ***** kindly remember to rate positively so that we receive credit for helping you today