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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am considering separating from my partner of 10 years. We

Resolved Question:

I am considering separating from my partner of 10 years. We live in his home and the mortgage and deeds are both in his name. He is financial stable. We have a six year old daughter who would live with me. I understand that he would have to pay maintenance based on his earnings, which would not be issue, but I am trying to find out if there is a responsibility on his part to pay for a home until she is of age.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

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

-Are/were you married to your partner?

-Are there any formal agreements/deed of trust/intentions regarding the property?

-Did you make any significant contributions to the property?

Customer: replied 1 year ago.
Hi thanks for your response.We are not married. The property is in his name alone as he has it before I lived with him. I have not made any significant contributions to the property. I do however work full time and pay all the child related costs. He pays mortgage and utility bills. I pay for all costs relating to our child. I understand for my rights personally, but the one area I am unsure about is the cost of housing our child. I know, for example, that I could apply to the court to stay in the family home. But is there an actual law that he has to provide a dwelling for our child until she is of age? That the nub of my question. He is financially very secure and it would be affordable for him to do so.
Many thanks
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. There is no automatic right for the non-resident parent to provide housing to the resident parent for the benefit of the child. However, if you were unable in any way to obtain independent accommodation to meet the child's housing needs and he is able to afford to provide this, then you would be entitled to apply to court under the Children Act using Form A1 and a £255 court fee in order for him to provide financial assistance to meet the needs of the child until the child reaches a certain age - after which any property he has provided is returned to him. One test would be for you to demonstrate that you are not financially able to obtain independent accommodation yourself, either rented or owned accommodation for a court to consider him contributing towards this.

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.

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