separation advice needed concerning house (not married)

fluffy*giraffe*

ok if i do a search will she be notified? and the children have his last name

fluffy*giraffe*

children are one at primary one at secondary and one at uni

VfM4meplse

fluffy*giraffe* wrote: »

house is in England, house bought in joint names but she asked him to sign over to her when she had first child for security as they were not married and she was better at sorting out money affairs. he has not moved out yet, stayed a couple of nights at friends to give themselves a breather as he could feel himself losing his temper a bit. i will get him to find out for certain she could be lying about that, it was a long time ago.

That just says it all. Committed enough to have 3 children, yet not committed enough to get married; and strangely committed to financial security without the rest of the obligations that come with marriage. It smacks of distrust from day 1.

Yes, it's not helpful advice I'm dishing out here - but I wish people would take the love-goggles off before they make their life choices, because its always innocent children that feel the impact of these decisions.

fluffy*giraffe*

not getting married was her choice and he wants the children to live with him hence the questions about the house. he does all the cooking cleaning washing house renovations and also has a full time job.

and i agree with you vfm4 it is the children who will suffer

RAS

fluffy*giraffe* wrote: »

ok if i do a search will she be notified? and the children have his last name

You mean search the land registry, no this is a public record that all can see.

RAS

fluffy*giraffe* wrote: »

children are one at primary one at secondary and one at uni

It was 2003 when the new rules on PR came in for England See here https://www.gov.uk/parental-rights-responsibilities/who-has-parental-responsibility

So even with the children using his name and his name on the birth certificates, he may not have PR for any of them, or possibly only for the youngest (if the child was born after December 1 2003).

Does he know what the exact situation is?

princeofpounds

OK. If he is not on the deeds then she can change the locks on him and remove him from the property. At least temporarily.

He needs to be thinking about (not necessarily pursuing, depends how the situation develops) things like this:

- a charge on the house to prevent it being transacted without his approval
- an occupation order to guarantee his ability to occupy the property (having children means this is likely to be wrapped up with custody issues)
- establishing a beneficial interest in the property. I happen to think from an unqualified view that he has a very good case for this, given he has provided the majority of funding. He needs to get as much evidence about who paid for what and when, going as far back as possible.
- Sorting out his tax credit claims so he doesn't make errors there. (Note I wouldn't worry too much about her shopping him for this, as it would expose her to tax liabilities amongst other things).

Lazy Daisy has given you the best pointers on this so far. It really is a case for lawyers, and fairly urgent too as the longer he waits to assert himself the weaker his position gets. Note I'm not talking about next 24hrs urgent, but next couple of weeks preferably.

The first step is likely to be mediation, because this could become a real battle if they can't agree on things. But it is possible to resolve it all, he needs to be strong and patient.

RAS

If he has not got PR for the children, then the whole issue of the children living with him is much more difficult.

zzzLazyDaisy

Just in case you haven't found it, here is the link to the landregistry site.

http://www.landregistry.gov.uk/public

You can only print off the copy of the titles deeds during office hours. It is the proprietorship register you are looking for. It will show who the name(s) of the current owner(s), when the property was transferred into their name, and who the name(s) of the previous owner(s). This is on the assumption that the transfer into joint names happened after 1990 - but as children are involved I am presuming that is a given.

Land_Registry

zzzLazyDaisy wrote: »

Just in case you haven't found it, here is the link to the landregistry site.

http://www.landregistry.gov.uk/public

You can only print off the copy of the titles deeds during office hours. It is the proprietorship register you are looking for. It will show who the name(s) of the current owner(s), when the property was transferred into their name, and who the name(s) of the previous owner(s). This is on the assumption that the transfer into joint names happened after 1990 - but as children are involved I am presuming that is a given.

You can check the online information here - this is a direct link to the available services. The online service is not restricted to office hours only and a copy of the land register costs £3 online (£6 by postal application).

The proprietorship register will, as zzzLazyDaisy states reveal the current details i.e. name(s) of legal owner(s), the date on which the ownership was registered in their name(s) i.e. the date when the application was lodged with Land Registry.

It will not show details of any previous owner(s) - you can request 'historical' information but read our FAQ for guidance - if you need a previous edition of the register and/or any documents relevant to any changes then contact us as directed in the FAQ. We will respond in a matter of days and advise what information is available and how to obtain it and at what cost. Such informaiton will only be available by postal application and not online.