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JimLawyer
JimLawyer, Solicitor
Category: Family Law
Satisfied Customers: 15443
Experience:  Senior Associate Solicitor
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If I’m separating from my term partner and we have 2

Customer Question

Hello, if I’m separating from my long term partner and we have 2 children. I’m going to be primary carer and he sees the children every other weekend,we have a house together 50/50. Would the house be split 50/50 or would I get more because I have the children more?
JA: What steps have you taken? Have you filed any papers in the family court?
Customer: No steps yet
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Warwickshire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 9 days ago.
Category: Family Law
Expert:  JimLawyer replied 9 days ago.

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now. I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 9 days ago.

If you are not married, and you own the property equally, you own it 50/50 legally speaking. Unless you have a deed of trust in place which confirms what happens to the property if you part ways. You would not have more because you have the children, no. You are legal co-owners and unless you have paid in to the property more than your partner, you still own it 50/50. If you paid more of the mortgage, or property deposit, or paid towards signifiant home improvements then you could ask the court to adjust the 50/50 higher but you would need evidence of the extra capital contributions.
If you are married, you have more rights - it would then be a matrimonial property and again, you would own it equally except the court would have regard to a number of factors if asked to divide the property - including your financial situation and your partner's, etc. The court could adjust the 50% higher if you had greater financial and housing needs.
As the non resident parent your partner would be liable to pay child maintenance however you asked about the property - if you are unmarried then the law looks at you individually (not as a married couple) - so unless you have paid in more to the property, you will have 50% of it. If you are married then there is more scope to argue for more but as it stands - you have 50% of the property.

Expert:  JimLawyer replied 9 days ago.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,

Jim

Expert:  JimLawyer replied 9 days ago.

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim