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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35089
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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unmarried couple with a child - whats the law regarding property

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unmarried couple with a child - whats the law regarding property and money if we split
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child?
Who owns the house they live in, how much is it worth and how much is outstanding on the mortgage?
What other assets are there and what income do they each have?
Customer: replied 3 years ago.
Child 6 weeks old
I own house (flat) worth 700k. No mortgage
Income from both parties is similar ie over 80k p. Annum
Relationship is 1 year old living together 1 year

Where was the other party living prior to the relationship?
How much would a two bedroom property in a cheaper area cost to buy?
Customer: replied 3 years ago.

other party was living in rented accommodation , has no assets at all.

the essence of my question is how do i protect myself as best as possible ( I'm not looking to sherck responsibilities esp re my son) but in maybe 3 years if things don't work out i don't want to find myself in a situation i could've avoided financially . I really want some smart tips to protect my assets.

This may sound a bit sad but i think when you meet people late on in life (low 40s) and have no history , one needs to think wisely about such things. I essentially want practical advice - its not like we plan to split up.


Cheaper area 1 bed flat approx 350k.



At the risk of sounding cynical the first rule is do NOT get married.
With that out of the way your liability for child maintenance is currently 12% of your gross income - the calculations are set out here
You also need to be aware of the provisions of Schedule 1 of the Children Act which means that you are also responsible for helping house your child until your child is 18 - which COULD mean your ex remaining in y our property with the child - or YOU providing alternative accommodation which would revert to you when the child is 18.
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.

Would it be wise to put the property in my brothers name ( it is 50% already) ?

No that is not necessary and would not help
Clare and other Family Law Specialists are ready to help you