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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1920
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Can the mother of my son claim any part of my house if we

Resolved Question:

Can the mother of my son claim any part of my house if we split up? We are not married, the house has always been mine and i pay all the mortgage and bills
Submitted: 7 months ago.
Category: Family Law
Expert:  Harris replied 7 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-How old is your child and what will the arrangements be if you separate?

-Are there any formal agreements or deeds of trust in place?

-Has she made any financial contributions to the property?

Customer: replied 7 months ago.
Our son is 5 months old, my girlfriend moved into my house 6 months ago after living with her mum in a 3 bed council flat. her mother now has the flat on her own. She has contributed nothing in the 6 months and there is no paperwork or trusts in place.
Customer: replied 7 months ago.
We have not discussed any arrangements should we split but I am assuming she would have no legal stake in my property should that be the case and has her old flat with her mother to move into. I am just unsure as we have always had a rocky relationship. I'm guessing should her mother no longer have her flat then she would have a claim on my assets as she would have no where to go and no full time job or money?
Customer: replied 7 months ago.
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Expert:  Harris replied 7 months ago.

Thank you for confirming. Firstly, as you are not married and the property is in your sole name she has no legal or beneficial interest in the property. If you separate, so long as you have not married, all you need to give her is reasonable notice to leave. However, you should be aware that as you have a child together and if she is main carer of the child on separation she will be entitled to claim child maintenance from you and if she is unable to house herself and the child she can pursue a court application under the Children Act in order for you to provide financial or housing assistance for the benefit of the child. The court will look at both your financial positions and see if you are in a position to provide such assistance.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1920
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you for your help, just to confirm this is the UK law as I am from London? Is there a time period where she will have an eventual claim if she has been at the property long enough even though we are not married and she has still contributed nothing?

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