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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2726
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Myself and my partner have been living together for the last

Resolved Question:

Hi myself and my partner have been living together for the last 4 years in a 2 bedroom flat that I own mortgage free. Last year because of ongoing issues with drugs my partners sister had her kids taken off her by social services. We were made temporary friends and family foster carers which later last year was upgraded to permanent FFFC the 2 kids came to live with us in my 2 bedroom flat which is obviously to small for the four of us. During the fostering process we were told we would have to get a bigger property by social services which we agreed with. But I informed SS that a couple of years earlier my mum had passed away and left me some money and so I said I would buy us a property for us all to live in SS agreed to this. So we are still living in my flat while we have been looking. The experience of fostering has been very testing one of the kids has been brilliant and the other has been very testing we have had massive arguments and also myself and my partner have come close to splitting up. I love my partner and I love both kids so my question is if we carry on together as we are, find a home which I would purchase from my mums inheritance and then say 6 months down the line things didn't work out. Would my partner have any legal claim to stay in the house, or would she be entitled to half the home or not bearing in mind the kids are not mine. Even if she had no claim on my assets I wouldn't just put her and the kids out on the street I would pay for a couple of years rent on a new home to get them started.
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.

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

-Are you married to each other?

-How old are the children?

Customer: replied 11 months ago.
No not married to each other and the children are 15 and 10 social services are aware of the situation between myself and my partners niece. I have no kids of my own and Helen (my partner) has none either so you can imagine it was a massive shock to just have them thrust upon us out of the blue. SS say it's my fault that me and Helens niece clash and I need to change my ways but I am 45 now and that's not so easy to do. Anyway it's not me she just likes causing trouble..it seems to me that if I do purchase a property and then things didn't work out with Helen and the kids that SS would push for Helen to remain in that house. I know there are situations where unmarried couples with kids split up and the mother and kids are either entitled to stay in the home or are entitled to a share of it. Well as I said they are not my kids and I do not want to put myself in a situation where I buy it we split up and they either stay there or are entitled to a percentage of it. The money was left to me by my late mother to buy a home so just need to know where I stand legally? Thanks Steve
Expert:  Harris replied 11 months ago.

Thank you for confirming. The risk you have is that, despite not being married and the kids not being yours, if you are assuming financial responsibility for them and assisting with housing in this way and in the future decide to rescind on this, she may have grounds to pursue an application against you under the Children Act to continue to provide housing for the benefit of the children until they reach a certain age, after which the property will return to you.

It will also obviously depend on what, if any, court orders are made in respect of the children - such as if you both become special guardians.

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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