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Inderdeep
Inderdeep,
Category: Family Law
Satisfied Customers: 439
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Hope you are well Was wondering if you could advise please

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Good Afternoon ,
Hope you are well
Was wondering if you could advise please
My partner moved out of our family home a month ago (the house /mortgage is in his name) and took himself off all the utility bills and council tax instructing me I am now responsible to pay them all as he no longer lives here.
We have a 6 years old daughter and I am 5 months pregnant
I asked if he is going to pay child maintenance and his response was : as I am living in the house (he left us ) he is not going to discuss child maintenance until my living arrangements are discussed/decided.
Is he by law not required to pay child maintenance and how do I process?
Thank you
Elizabeth
Thank you for using just answer i will be assisting you today.

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Are you married and is the property jointly owned?

Customer: replied 9 days ago.
Thank you
Customer: replied 9 days ago.
No we not married
We have been together for 7 years
The property (mortgaged) is in his name only but I have been contributing monthly since day one - sending money into his bank account with the reference house
We were to get married and once married I would have also become the property owner but he broke up with me and moved out (staying at his mother) previously he said he wanted me to move out and he would give me half of the equity from the house
Customer: replied 9 days ago.
What I really would like to know how do I ensure he starts paying child maintenance

Unlike married couples co habitees do not have the same rights unfortunately.

In the event of relationship breakdown where there is a property in joint ownership, and a dispute over what will happen with the property, the first consideration will be the purpose for which the property was initially bought. If it was to be a shared home, and the relationship has broken down, the court will usually order that the property be sold and each party be given their respective share as detailed on the title register or any trust deed.

If the deeds state that the property is held in only one party’s name, this again will usually be determinative. However, it may be possible for the other party to demonstrate that they have a financial interest in the property. The rules in this area of the law are relatively complex and relate to the intention of the couple at the time of the purchase of the property or when one party to the couple has moved into the other’s property.

If there are children.

The ownership of property as set out above may be affected where the couple has children. In the event that the resident parent is unable to provide an appropriate home for the children, it may be possible for them to seek additional financial support from the other parent to assist in purchasing alternative accommodation, or indeed to remain in the property which was used by the couple prior to separation. Such a claim can be made under Schedule 1 of the Children Act 1989. Therefore, while the above principles will still apply, it may be possible for the resident parent to secure a greater interest in the property, at least until such time as the child has finished his or her education (usually secondary).

Ideally you will want to agree matters between you, and also attempt a process called mediation to avoid going to court.

If you cannot agree terms you need to apply to the court and then it becomes costly and more complex. The claim would be under the Trusts of land and appointment of trustees act 1996. Under TOLATA, the court’s powers are generally quite narrow: it can order a sale of a property, declare the parties beneficial shares in the property, and make orders by way of an account/compensatory orders.

You should therefore write to your former partner informing them of the above and seek to agree and resolve matters. You should also propose mediation.

To find a local mediator, please click the link below:-

https://www.familymediationcouncil.org.uk/find-local-mediator/

I hope this has assisted your enquiry and thank you for  using our services.

Customer: replied 9 days ago.
Please could you advise on child maintenance as that was my main question
Thank you

You will need to initially agree this with the other parent and formulate an agreement. If this cannot be agreed then you will need to apply to the CSA to calculate a sum payable.  Further information can be found below:-

https://child-maintenance.service.gov.uk/apply/

Inderdeep and 2 other Family Law Specialists are ready to help you
Customer: replied 9 days ago.
Thank you