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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask what accommodation would be available for your ex partner if they were to move out of your property please?
Hi, I believe she has applied for for a council house and has been put on a waiting list.
The starting point is that your ex partner has no claim on your property whatsoever unless she can show that she has made capital contributions towards your property - e.g. capital repayments against the mortgage or paying for improvements.
Otherwise her personal rights do not extend beyond reasonable notice from you to leave. So far this is relatively straightforward and you need only give her reasonable notice to leave. However all of this is subject to what follows because there are children involved.
Your ex partner can consider making an application under schedule 1 of the Childrens Act under which a judge has discretion to make orders in respect of the property for the benefit of your child until they reach 18 years of age or finish education. He may consider an order that the property is made available your child 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 your ex partner for the benefit of your child. The important thing to remember is that such orders are considered from the point of view of the welfare of your child rather than your ex partner though the two to some extent go hand in hand. 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 child. Once that is achieved the focus will switch toward reasonable maintenance provision. 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. After this an application to the court would be required for a "top-up" under schedule 1 of the children's Act. They can look at 20% of your net income for maintenance less a discount for nights your child may spend with you.
There is a useful calculator you can use to see what the CSA would likely assess as the due maintenance if your partner were to apply to them:
The principle issue is one of adequate accommodation being available for your child. If this can be satisfied then the likelihood of orders in respect of your property for your childs benefit are reduced.
Ideally if you can assist in securing alternative accommodation for your ex partner even if this is just supporting her with the process this could be beneficial simply because once your child has security in terms of accommodation a principle purpose of her rights under the Childrens Act as above is fulfilled. If alternative accommodation cannot not be secured or provided for it is unlikely that a court would allow that she would be required to move out if this would make her potentially homeless with your child.
However none of the above give your ex partner a claim against your house directly. Her rights personally are limited as above which are likely very limited if non existent. Her only rights beyond that are framed in terms of welfare for your child.
Is there anything above I can clarify for you any further?
I think thats fine, so just to clarify she has no rights to the property if the child has accomadation somewhere else with her.
She personally based on what you say has no rights to the property at all other than reasonable notice to move out. Any potential interest she can seek in the property will be based in terms of welfare for your child and the principle aim of this legislation is not to transfer equity from you to her - it is to ensure that your child is maintained and has adequate accommodation.
Is there anything else i can help you with?
No thank you very much.