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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Please help. I live with my fiancee and we have been

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Please help. I live with my fiancee and we have been together three years. we have a one year old child together but due to her unreasonable behaviour I am contemplating finishing the relationship. The challenge is about the legalities of the property we live in together. We moved in last June 1st and the mortgage is in my name and I pay in full the mortgage and all the bills to the cost of the house. When we moved in we were gifted £10k from her grandparents and I was lent the same sum from my parents. With this in mind, if we do separate, what rights does she have in the house? And separately I have calculated how much child maintenance I would need to pay her via the HMRC calculator, however if I give her greater than this today, including £250 per month to the car which I finance and is also in my name, am I entitled to simply recover the car and reduce the payments I make inline with the HMRC figures? maybe affording me to borrow £10k to pay back what her grandparents gifted us? Thanks for your help
Customer: replied 1 year ago.
Maybe just to further clarify my main question, could she demand to stay in the property and change the locks, resulting in me not being able to enter the property, whilst still financially having to meet all the financial obligations, therefore deeming me homeless without funds to pay for alternative/additional accomodation? someone told me as long as there is a dependent, I have to put a house over her head until she is 16!! My idea is to find a way to get her £10k back (borrow from parents) so she a)moves out and b)can put a deposit down elsewhere and have sufficient funds to finance her own place..

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Is the child yours?

-are there any formal agreements regarding the property and contributions?

-What is the value of the property and outstanding mortgage?

-What are her qualifications and earning potential?

Customer: replied 1 year ago.
Child is ours. No formal agreements in place. Only legal agreement signed by her in favour of government in case I default she has no rights on property. Condition of mortgage. Value of property at purchase £410k on help to buy scheme where government owns 20% and we only been in here 15 months so o/s balance probably ££410k - £20k deposit - £20k in monthly pmts = £370k. We used to work together before baby and she earnt £20-25k PA full time but hasnt worked since baby born

Thank you. What would your proposals be for the child if you separated?

Customer: replied 1 year ago.
Child to live with mum and I pay maintenance in line with HMRC calculation. Unfortunately I already have one child from a previous relationship where I pay maintenance to my ex wife along the sums from HMRC also. Expensive business!!!!

Thank you. Firstly, in relation to the property she has no legal interest in the home. However, as you have a child together if she cannot suitably house herself and the child she can apply to court to remain in the home until the child is a certain age. The court will fully consider both your financial positions and capacity to obtain and maintain alternative property before making such a decision. However, without a court order she has no legal right to remain in the property or change the locks and you can ask her to leave upon reasoanble notice - she can then attend the local authority housing office and apply as homeless, and given she will have a young child with her she will be deemed priority need and they will likely agree they have a duty to assist her with accommodation.

In relation to the child maintenance you provide her, the calculation they provide is the amount that you must pay. Anything above that is voluntary and unenforceable - so if you stop the payments towards a car that is in her name then she cannot enforce the previous arrangement against you.

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

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