Postby papinian » Mon May 05, 2014 4:42 pm
The house right now is in your partner's name. From what you say:
- all mortgage payments have been paid out of your partner's account;
- there have been no contributions from your account to your partner's account;
- there have been no improvements to the house paid for by you;
- there has been no settled arrangement (doesn't have to be in writing but would be evidenced by bank statements showing payments) between you and your partner whereby, for example, your partner pays the mortgage and you pay the bills; and
- when you initially moved into the property you paid money as rent.
In this case, I think it is unlikely that you have any interest in the property. If any of the points I have set out is not the case then you may have some claim, but the amount of your claim may not be very much. You should get specialist advice on this.
As you have children, then you may be able to apply on the children's behalf for a share of the property under the Children Act 1989, including the transfer the property from your partner to you as the parent who is caring for the child or children. The property will be held by you for the benefit of the children. This is uncertain and complicated and not necessarily desirable from your perspective and, as already noted by kiwimummy you should take legal advice from a solicitor who specialises in this (not just a general solicitor).
I will say two more things:
(1) What sort of man is your partner? Most decent men, on the breakdown of a relationship, would want to make sure that their ex-partner and their children are properly supported. Certainly, get some advice so you know where you stand, but if you can approach this openly and fairly then do so. I hope that he will recognise that you have given up your job to look after the children that you had together and that he should support you. In my experience, going in guns blazing re legal rights just puts people on the defensive.
(2) Let this post be a warning to those readers who are in relationships and have children without being married to their partners. Make sure that your position is protected. Too many people in this country drift into relationships without any clear marker and end up in the situation of the original poster. There are a lot of people who go on about how they don't believe in marriage, etc. but it's the best way to secure your position and you can do it down the registry office for a few hundred pounds without any fuss needed. No woman should give up her job to look after children unless she is married or has got equivalent protection by other (more hasslesome) means, e.g. house and bank accounts in joint names, etc.
