Ask a Law Question, Get an Answer ASAP!
Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are/were they married?
-What is the property valued at?
-Whose name is ***** ***** in? If in joint names is it as joint tenants or tenants in common, and in what shares?
-What is his gross income each year?
-Do they have any formal agreements or deeds of trust in place?
Thank you for confirming.
Unfortunately as they are not married, and in the absence of any formal agreement or deed of trust, the legal position is that they are each entitled to a share of the equity in accordance with how title is held - therefore 50% each. If no agreement can be reached to buy-out his share then he would be entitled to pursue a court application to force a sale of the property and have the equity divided between them
However, in the event that she is unable to meet the housing needs of their child (this will include rental accommodation), she would be entitled to apply to court under the Children Act for financial assistance and this will include consideration of using the property for the child's benefit until her reaches a certain age, after which it should be sold and equity divided in accordance with their respective shares.
Furthermore, depending on the arrangements for the child, she would be entitled to seek child maintenance from the father which is calculated based on his gross income and the amount of overnight time that he spends with him each week.
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.