Splitting up -what happens?

savingsgirl

Any advice here would be great please

The situation is as follows : an unmarried couple are splitting up, its a very bad situation. The girlfriend is left with 3 young children and the house with a mortgage which is in both names. If the mother wants to carry on living in the home with her children are there any steps she should take/any benefits she should apply for. She only works 6 hours/week currently for miniumum wage.

Not the best scenario in the world!!

hjb123

Hi,

She should get herself to her local Citizens Advice Bureau who will be able to give her the help and support that she needs and advise her what to do next!

Is the partner allowing her to stay in the house? Regardless of that she should be able to - its just what they do with the joint mortgage - whether he is able to transfer it into her name - but if its a messy breakup its best to get proper advice!

The_Geek

The mortgage company will not allow the transfer unless she can afford to pay the mortgage on her own which only working 6 hrs a week, she is unlikely to be able to.

I agree that she needs to go to the CAB and get some advice. Is her ex going to continue to pay the mortgage until they get themselves sorted? Hopefully he's a reasonable father who realises that if he doesn't then they'll be forced to move which would make it even harder for his kids.

Gem_

Do the 3 young children belong to the ex as well as the girlfriend? this will make a big difference. If they are his then he will be expected to support them and that usually involves letting her stay in the family home with them. If they are not his then it is a totally different ball game.

I would agree with the above post that she should get herself along to CAB. Maybe she should also check the http://www.entitledto.co.uk/ website for benifits information.

Hope that helps

Gem

Jet

Gem_ wrote:

Do the 3 young children belong to the ex as well as the girlfriend? this will make a big difference. If they are his then he will be expected to support them and that usually involves letting her stay in the family home with them. If they are not his then it is a totally different ball game.

Yes, I've always wondered what happens in this situation where a couple live together in a joint house but with the children only "belonging" to one partner.

Would the courts insist that the children were housed in the 'family' home?

savingsgirl

He is their father! They look much like him for there to be any doubt!!

hobo28

He has a lot of say at the moment then. It really depends on whether he's willing to see his children uprooted to get some cash.

Jet

savingsgirl wrote:

He is their father! They look much like him for there to be any doubt!!

I wasn't suggesting that anything untoward has gone on!

I was simply wondering what does happen in a situation where for example a single mother with kids buys a house with a new partner and then they subsequently split up.

In this case, unless the house is huge, I would think that a court would give her the right to stay in the property. But there are a lot of different scenario's and without knowing all the details, it's difficult to tell.

bluenose1

She should claim Income Support immediately , after a certain length of time tjey pay the mortgage interest. She should also tell the mortgage company what has happened so they know why she isn't making payments.

Long term if she intends to pay mortgage she should consider working enough hours to claim working tax credit as thay will top her income up to Income Support level and not take any maintenance into account. She should therefore be better off than claiming Income Support.
Also a considerable amount of nursery fees would be paid.
Regards
Anne

mookiandco

1) visit https://www.legalservicescommission.gov.uk
Find a solicitor in your area who can offer free advice under the legal help, advice and assistance scheme. You should find a firm who can give you advice on family law and welfare benefits. The citizens advice bureau is a limited resource and cant advise you long term

2) Unmarried couples provisions are The trust of land and appointment of trustees act 1996 (section 14). Matters the court would take into account are in the civil procedure rules 1998 Part 8.

3) Contact the child support agency regarding child maintenance asap. go to the csa website to calculate fathers liability.

4) as mentioned above, do speak to mortgage company and explain. They will often give you a payment holiday.

5) consider a separation agreement (solicitors can prepare one). This should deal with all matters that arise from your separation including property and financial matters, children matters (contact etc), division of furniture etc.

6) I know it sounds obvious, but consider the children's feelings. Explain to the school what has happened to ensure the children have someone to talk to.

I am in the legal profession and deal with these issues every day. I know it is a really difficult and emotional time for you. Take things step by step and take care of yourself first and formost. Good luck

mookiandco

sorry, its https://www.legalservices.gov.uk