Splitting Up,who Has What Rights.

[theviking51]

A friend of mine has been with her partner over 20 years and has 2 school age children.
She told me she was moving out with kids to a rented flat because her partner told her everything was in his name so its his,including the house?

she thinks she has nothing. is there any thing i should tell her that she is entitled to by law. He does have a very good job as well.

[SeaJayPea]

I think she should not move out until she's seen a solicitor or the Citizens' Advice Bureau. Far more difficult to establish ownership if you've moved out.

[theviking51]

thanks, will tell her

[ladybirder]

So they must be his children then? Am I correct? Because that makes a big difference.

Is the house they have been living in together rented or bought?

You need barmaid to give you a definitive answer.

[boxtops]

if they are his children, he has an obligation to keep a roof over their heads until they are 18. Tell her not to do anything until she's seen a solicitor, to make sure of her rights. Is the house only in his name? if she's contributed to the household expenses through her own earnings over the years, the picture will be different. She needs legal advice before she moves out.

[ladybirder]

At the very least she must go to Citizens Advice Bureau BEFORE she does anything. I think HE might be in for a rude awakening.
It would be helpful if you could answer the questions if or when you return. Thanks.

[cassa333]

This happened to a friend of mine and although he moved out into rented they are trying to sell.

As she was not married to him she gets virtualy nothing and he has to provide only for the kids.

She has been to solicitors and csa and is living virtualy on benifits and his child support. However he has 50/50 residency so in fact doesn't give her as much as if she had full custody. (Catch 22 I think someone said). He by the way earns a fortune but wants to keep her down and be seen as the saviour by the kids.

[lcg]

i always thought that if they weren't married and everything is in his name it is more difficult for her to claim much from her partner (especially if she moves out) - there have been several high profile cases recently of women losing out on money and property due to their marital status. tell her to stay put and seek legal advice before leaving the family home - having children may of course change the status quo, but each case is different.

[theviking51]

They are his children. Someone said to me that is they are not marry and have a house together Its classed as a business partership and she is entitled to half?

[boxtops]

No, that's no so about the business partnership - but it does complicate matters if they were not married. Tell her to seek advice before she does anything.

[Brenden]

I don't think there is a law in this country for "couples who live together but not married" .

[theviking51]

Thanks all of you.

[ladybirder]

If both have contributed then both should have a share, maybe not equal but a share that reflects the contribution.

The person best able to answer your question couldn't have seen this thread (barmaid) but the advice to go to CAB or a solicitor still stands.

[Barmaid]

She needs legal advice and pronto. There are two issues here, firstly what she is entitled to for herself and secondly what she is entitled to for maintenance of the kids. The latter is dealt with by the CSA. The former depends on their circumstances when the house was bought, why it was put into his name, whether she made any contribution, what they agreed, how they organised their finances - it is possible she has a claim to a percentage of the house on either a constructive or resulting trust basis.