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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have 2 children with my partner who I am not married to.

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I have 2 children with my partner who I am not married to. The house we live is solely in my name and my partner has never made a financial contribution to the cost of the house, the mortgage or the household bills. If we split up, would she have any claim over the value of the house? And if I was awarded custody of the children who lived in my house would I have any financial liability to my partner?

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Are you presently splitting up please or do you ask for information purposes in case it were to happen in the future) please?

Customer: replied 4 years ago.


It's a real prospect, although it might not happen. Even if we sort things out now, I would be concerned it may get to that point again in the future.

Thanks. Are you engaged or jus cohabiting?
Customer: replied 4 years ago.


Engaged

On the basis that no rent has been paid and she has not contributed towards the capital of the property the starting point is that your partners position is that of "excluded occupier". This means that she has the barest minimum of tenancy rights and are only entitled to reasonable notice from you. Unfortunately the law does not define what is reasonable but 28 days would be more than sufficient.

 

 

Because you are engaged your partner does have a right under the Law Reform Act to seek a declaration as to the division of the contents of the home if you are unable to agree on the same.

 

However the position is significantly altered as a result of your having children together.

 

 

In addition to maintenance entitlement if she has custody of the children, she can if you cannot agree apply under schedule 1 of the Childrens Act and a judge has discretion to make orders in respect of the property for the benefit of your children until they reach 18 years of age or finish full time education. He may consider an order that the property is made available to your partner until such time as they reach 18 or finish education or some other financial order in respect of the property whereby a greater share of the equity is made available to her. The judge's determination will depend greatly on your individual levels of income and circumstances.

 

 

A principle aim of a judge will be to secure a home for your children. Once that is achieved the focus will switch toward reasonable maintenance provision. A judge would take into account both yur financial cirumstances in making any orders. Although the above legislation places a singular importance on the welfare of your children if necessary at your expense it does not seek to disadvantage you to your partners benefit as an end in itself.

 

 

In terms of child maintenance in general terms the highest net weekly income that the Child Support Agency can use for the purposes of a calculation is up to a maximum of £2,000.00. The basic statutory provision for 1 child would be 15% of net income though credit would be given for nights the child spends with you. After this an application to the court would be required for a "top-up" under schedule 1 of the children's Act.

 

 

There is a useful calculator here:

 

 

http://www.cmoptions.org/en/calculator/calculator.asp

 

Does the above answer all your questions or is there anything I can clarify or help with any further?

 

 

 

 

 

 

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