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Can you kindly provide further information - thanks
Did you owe the property together and is it in Joint names?
Are you still living at the same property together?
So you are all living together under one roof?
What are you looking to do?
Did you make any contributions - pay mortgage and/or pay substantial contributions.
Was there a cohabitation agreement in place?
I am dealing with another matter - please bear with me.
Thank you for being patient.
I am just preparing you a reply
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.
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.
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.
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.
You must get a family solicitor as we can only provide information here on JustAnswer. You can find a family solicitor: www.lawsociety.org/uk - find a solicitor.
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