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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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My daughter and her partner are not married.The relationship

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My daughter and her partner are not married.The relationship is breaking down.They have a 3 year old child.The house is in his name.
Does she have any rights to stay in the property As she has a young child?
If they break down ,can she claim maintenance .
Thank you
Jack Aboe

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

-Are they in England or Wales?

-Are there any formal agreements in place regarding the property?

-What are their respective financial positions?

Customer: replied 1 year ago.
They are in England
No ,the property is in the name of her partner .
She is a part time cabin crew for Virgin ,therefore low paid.
He is very well paid .

Thank you. Firstly, as they are not married and the property is in his sole name she has no automatic rights to remain in the property. If she is unable to get suitable accommodation for herself and the child, either in the private sector renting or through the council, then she can apply to court to remain in the property - but the court will need to assess both their full circumstances before granting an occupation order to exclude the father from his property.

If the child remains in her care she will be in priority need and the local authority will likely agree that they have a duty to assist her in relation to accommodation for the benefit of the child.

In relation to child maintenance, she can claim this from the father and is based on his gross salary and how many nights a week on average the child stays with him overnight - if they cannot voluntarily agree between them then she can apply to the Child Maintenance Service.

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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