Ask a Family Law Question, Get an Answer ASAP!
Hi, thank you for your question. Firstly, as you are joint owners he cannot make you leave and if no agreement is reached on a way forward then a court application will be required to force a sale of the home.
As you are not married he does not have an obligation to financially support you.
In relation to your son:
-Where is the biological father and does he provide any financial support - if not why has this not been pursued?
-What role, financially, has your fiance taken regarding your son?
Thanks for confirming. Unfortunately, and despite your current partner providing financially to support you and your son, as the biological father is in the picture and if your partner has not acquired parental responsibility for your son, you will find it extremely difficult to seek for him to financially support your son. This responsibility must be from the biological father and includes child maintenance (calculated in terms of the father's gross income) and if you are unable to suitably house yourself then you can apply to court for the father to provide funds to house you for the benefit of your son - so long as he has the resources to support himself as well.
In relation to your property, if there is no formal agreement or deed of trust in place, the court will divide the equity in accordance with how the title of the property is held - so if it is as joint tenants it will be 50-50 between you. Again, if no agreement can be reached then he will be in a position to pursue an application to court to force a sale of the property.
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