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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1913
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I'm currently living with my 7 year old son and my Fiancee

Resolved Question:

I'm currently living with my 7 year old son and my Fiancee (not biological father although took on role of 'step-father') in a house that we both own. We have lived here for a year. We've been engaged for about 18 months. We have joint bank accounts and I'm a named director of his company. We also have a 7 month old cat. Now my Fiancee has told me he is ending the relationship. Although his money is invested in the house, we are both named on the deeds and both named on the mortgage. He pays the mortgage and the vast majority of the bills. I have very little income as I have not been working for the last year. We agreed he'd support me and my son financially while I pursue a career as a writer and a coach. We moved to this area mainly because it's very close to my sons school. I don't want to end the relationship but it seems I have no choice. I don't want to have to leave the house. My fiancee has suggested that I could stay here and he could leave but only if I buy him out - which I can't afford to do. I could ask my family members for help with this but am very reluctant to do so. I want to know if this is the only way that me and my son have the right to stay in this house. As I own the house also, can he make me leave? Also as he has been supporting me and my son financially for some time now, does he have the right to just suddenly stop? Any advice would be greatly appreciated. Kind regards, ***** *****
Submitted: 6 months ago.
Category: Family Law
Expert:  Harris replied 6 months ago.

Hi, thank you for your question. Firstly, as you are joint owners he cannot make you leave and if no agreement is reached on a way forward then a court application will be required to force a sale of the home.

As you are not married he does not have an obligation to financially support you.

In relation to your son:

-Where is the biological father and does he provide any financial support - if not why has this not been pursued?

-What role, financially, has your fiance taken regarding your son?

Customer: replied 6 months ago.
Thank you for you fast answer. Very good to know he can't make us leave. My son's biological father is involved in his life, he lives about 40 mins away in short term rented accommodation. He sees him often and does provide some financial support but not a great deal as he doesn't have a steady job. We agreed £50 per week when we first split up over 6 years ago. My fiancee pays for the majority of the bills and food for us and also for my sons school fees which are about £800 per month. He has done so for just over a year now, as it was just over a year ago that we brought the house, moved in together and I left my job as a teaching assistant. I did so because he agreed to support us financially while I pursued a new career path which promises to be much more lucrative longer term.
Expert:  Harris replied 6 months ago.

Thanks for confirming. Unfortunately, and despite your current partner providing financially to support you and your son, as the biological father is in the picture and if your partner has not acquired parental responsibility for your son, you will find it extremely difficult to seek for him to financially support your son. This responsibility must be from the biological father and includes child maintenance (calculated in terms of the father's gross income) and if you are unable to suitably house yourself then you can apply to court for the father to provide funds to house you for the benefit of your son - so long as he has the resources to support himself as well.

In relation to your property, if there is no formal agreement or deed of trust in place, the court will divide the equity in accordance with how the title of the property is held - so if it is as joint tenants it will be 50-50 between you. Again, if no agreement can be reached then he will be in a position to pursue an application to court to force a sale of the property.

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 your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1913
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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