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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34886
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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If I purchase a house with my partner, who has a child from

Customer Question

Hello, If I purchase a house with my partner, who has a child from a previous relationship and our relationship was to break down in the future, would she have any rights to the house as her child would be living with us?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Will you be buying the property in your sole name?

Customer: replied 1 year ago.
Hello, the property will be purchased in both names. My partner is paying a 50% deposit, of which will be covered by a deed of trust, the mortgage for the remaining 50% will be in both names, although I will be making all repayments, effectively making the house 50/50 when the mortgage is repaid.
Expert:  Clare replied 1 year ago.

So your partner will own 50% of the property anyway?

Customer: replied 1 year ago.
that is correct, i guess my question would be.. If our relationship failed, could she stop the potential sale of the house until her daughter reached the age of 18?
Expert:  Clare replied 1 year ago.

There is a small risk of this - but only if she can show that her 50% of the equity will not allow her to purchase another home for herself and her daughter - and the rise in shared home ownership schemes makes that unlikely!

However if you have a child together the situation is different as she will be able to use the Children Act to make an application rather than having to rely on the provision within Property Law that where there is a child a sale can be delayed if it is reasonable to do so.

Please ask if you need further details