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Lawyer21, CILEx Lawyer
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Experience:  CILEx Lawyer
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Do you feel with family law? Assistant: Where is this? It

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Hi, do you feel with family law?
Assistant: Where is this? It matters because laws vary by location.
Customer: Uk
Assistant: What steps have been taken so far?
Customer: None, relationship has just broken down. We were cohabiting just need to know what the law says
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hi How can I help?

Can you kindly provide further information - thanks

Customer: replied 7 months ago.
Hi, I was cohabiting with my partner for 14years and the relationship has broken down
Customer: replied 7 months ago.
We had a islamic marriage, but not registered.

Did you owe the property together and is it in Joint names?

I see

Customer: replied 7 months ago.
No, his name as at the time my credit history was bad.

Are you still living at the same property together?

Customer: replied 7 months ago.
The property wa bought 9 years into our relationship
Customer: replied 7 months ago.
We have 2 kids together

So you are all living together under one roof?

What are you looking to do?

Customer: replied 7 months ago.
Unfortunately yes, as financially I can't afford to move out
Customer: replied 7 months ago.
I have been advised not to move and try to get legal advice to see if I can get anything shares
Customer: replied 7 months ago.
What does the law say about property for cohabiting couples

Did you make any contributions - pay mortgage and/or pay substantial contributions.

Customer: replied 7 months ago.
What advice can you give me

Was there a cohabitation agreement in place?

Customer: replied 7 months ago.
The very first month I did give him money as he had used up all the savings
Customer: replied 7 months ago.
No cohabiting agreement in place, just the Nikka

I am dealing with another matter - please bear with me.

Customer: replied 7 months ago.
Customer: replied 7 months ago.

Thank you for being patient.

I am just preparing you a reply

Customer: replied 7 months ago.
Thank you

If you are joint owners, then you and your partner have equal rights to stay in the property. However, if your partner is the sole owner, you may have no legal rights to remain in the home if you are asked to leave. However, as you have 2 children living in the home and their housing needs will need to continue being met. In these circumstances, the Court will only grant you and your children the right to stay in the home if it decides it is in the best interests of the children. Usually this would be for a limited time period, until your youngest child is 18 years old.

It is important here especially with your Nikkah - if this is recognised as a Marriage certificate which I understand it is and is in English law then you are a married couple and not cohabiting.

Customer: replied 7 months ago.
Does the last statement mean that the court will likely to consider our makkah certificate even though our makkah was in uk but never registered under English law?

You may be able to apply and ask the Court with a Occupation Order to decide who has the right to stay in the home on a short-term basis. This is called an Occupation Order. You can also apply for an Occupation Order to allow you to return to the home if you decide to leave.

If it is not recognised in English law - it will be difficult but in Islamic Law - you are as I understand that you are married!

You can apply for an Occupation Order if you're the sole owner, joint owner, have a beneficial interest or are the partner of a sole owner. However, if you're not the owner or joint owner, you can only apply for certain types of Occupation Order.

An Occupation Order usually lasts for a limited period of time.

Spousal Maintenance

Living together as an unmarried couple does not entitle you to claim for financial maintenance from your ex-partner in the same way that marriage does. This means that even if you and your partner have lived together for decades and one of you has been financially dependent on the other throughout this time, neither would be able to claim ongoing financial support from the other after separation.

Child Maintenance

If you have children, both parents have a legal duty to financially support their children. Therefore, whichever parent the child (or children) lives with after separation would be entitled to Child Maintenance payments from the other parent.

Customer: replied 7 months ago.
As it is, would yyou advise me to move or stay put until I apply for the order?

You must get a family solicitor as we can only provide information here on JustAnswer. You can find a family solicitor: - find a solicitor.

Thank you

Customer: replied 7 months ago.
That's alright, thank you for your help

I would be grateful if you could kindly give me a positive rating by clicking on the above and press submit - I would appreciate it and allow me to help other customers. Thanks

Lawyer21 and 3 other Law Specialists are ready to help you

Many thanks