Advice please who is entitled to house when cohabiting partners split, child involved

specs_3

From what I can see, your friend moved in to the house together and all the proof about school records and bills etc seem to prove that part.

If they bought the house together why is she not on the mortgage or deeds?
Did she pay a proportion of the deposit? Was her income used on the mortgage application?

These are the sort of things a solicitor wants to know because they will have to tell a judge. She can get another solicitor, but they will want to know the same things.

Your friend paid the mortgage in return for living in the house, I believe a Judge will simply look at the situation as simply as that.

changkra

Bossyboots wrote:

Totally agree and with your other post that the friend needs a new solicitor. Why has the current solicitor not kept a copy of all the paperwork submitted to the court.

However, can we please have clarification from the OP about the status of the property. It is regularly stated on these forums that people are not "on the mortgage". The mortgage and deeds of the property are different things and just because you are not on the mortgage does not mean you are not on the deeds (although other comments made in this thread appear to support the contention that the house is in the sole name of the ex).

Bossy Boots, I have thanked you for this post for a compleatly different reason than the the topic on this tread, so i wont go into details and hijack the thread, but thank you for this, you have just given me a way around a problem

plumduff-2

At preliminary hearing at court no mention is made of their child, her court papers providing evidence are lost so its now going to trial.

Now her solicitor has told her that she will lose this case and be made to leave as she really doesn't have any substantial evidence re proving that she moved in as a couple. She will even lose the money that she has paid in mortgage payments as as far as the court will be concerned she did this voluntarily!!!

A few thoughts...

1. I would have thought it would be good practice for the Solicitor to keep copies of everything that she needed to send on to the Courts... Therefore is this not malpractice on the Solicitors behalf..?

2. Couldnt the Solicitor at least sign an avi-davit stating that all this information was provided and s/he can verify to seeing it all..?

3. Shouldnt the Solicitor be gooing ape at the Courts for losing all the originals..? Shouldnt he be requesting an adjournment of the case on this basis..? Or is he not doing this becauses/he knows that s/he should have copies themselves..?

4. If she can get an adjournment on proceedings, then could she get the proofs all over again... a pain but maybe necessary..

5. I cant see how any Court could prceed with this case when documents have been provided and both the Courts and the Solicitor have caused the balls up...

specs_3

The child of the couple will be dealt with seperately, the judge dealing with the property issues will not be interested in the child at the moment.

The judge will more than likely give her 4-6 weeks to vacate the property, but she hasn't suffered a financial loss.

black-saturn

I had 2 children when I split with their dad and wasn't entitled to anything of the property as it was in his name. I had to live in temporary accomodation for almost 2 years afterwards.