Family Law

[horselady]

My daughter's partner has left her and the 3 children. She is still in the house that is in his name only and would like to stay because she doesn't want to uproot the children from familiar surroundings and their schools. She appears to have no rights whatsoever as they were not married, she saw a solicitor for a brief consultation but cannot afford any more advice, no legal aid anymore unless they go to mediation, which he is unwilling to do. He says if he wants to he can just throw her out of the house, but surely he has to make some provision for his children? Has anyone else been through this and can explain in simple layman terms what her best option would be, she works as a classroom assistant for only 7 hours per week so doesn't have much money.

[woofgang]

is he on the birth certificate as the father?

[horselady]

Yes he is woofgang.

[Peter Pedant]

here is a useful page:

http://www.civilpartnerships.org.uk/HousingRightsWhenARelationshipBreaksDown.htm

basically you are asking if the children have a beneficial interest by reason of being his children and needing support

and it looks as tho the answer is no.

It might be worth enquiring with the Housing department - as it looks as tho she may be made homeless and then the council may well have a duty to re-house.

[ummmm]

From PP link..

//A person may also have other rights which override housing and property law, depending on whether s/he is married, a civil partner, cohabiting and/or has children.//

//Married parents, parents who are civil partners, step-parents, or unmarried parents who are both the biological parents of a child can apply to a court for transfer of property or tenancies if this is for the benefit of children. A guardian of a child or anyone in whose favour a court has made a residence order can also do this.//

So how is that a No?

[woofgang]

ummm, as i understand it, a beneficial interest means a right under law, something that you can claim. What the advice says is that there are circumstances under which a court can make an order allowing something to happen (in this case the mother and children staying in the house) but they have no right to this ie no beneficial interest.

[ummmm]

So a judge could order that the mother and children remain in the house, even if it's just for a short period of time?

[Peter Pedant]

umm she has gone to ask a lawyer ( free I agree )
and I would be loath to say he has got it wrong
He is after all paid to know the law - I'm not

as soon as you read / one reads housing law may conflict with fambly law, my reaction is OK over to the judges....

for which one needs lawyers not ABers

[ of course as a judge may say - I have the utmost sympathy ..... ]

It does look as tho, the beneficial interest is founded in maternal contribution to the house and not the needs of the dependant children.

[woofgang]

yes it looks like a court could order it but don't have to....

[ummmm]

Good luck to horselady's daughter. Must be a very daunting thought being homeless with 3 kids.

[horselady]

Thank you everyone for your thoughts and suggestions.