Friend split form partner, kids and house to sell

Mojisola

shopaholicjules wrote: »

RLH33 - She was told by a solicitor due to them not being married, nothing can be done about her having a child, apparently it used to be the case, but not now.
He doesn't have to let her stay there until the youngest leaves school which is a shame

I would get a different solicitor.

Being able to stay in the house is to give the child a stable home, not because a couple are married.

RLH33

Yes she does need a new solicitor, my friend is literally going through court at the moment so it must be correct!

meritaten

sorry - this is a serious matter. couldn't help it though, it was my first thought on seeing thread title.
she needs a good 'family law' solicitor. not one who 'does everything'. this could be complicated as they are not married, and she needs someone who knows the 'ins and outs of family law'.
I would assume that the father has parental responsibility - in which case I don't think 'well they aren't married so she hasn't any rights' applies.
the CHILDREN have rights. and this solicitor doesn't seem to know that.

Abbafan1972

Judging by the title, I hope the Kid's aren't being sold as well as the house, that's how I read it lol!

RAS

Your friend needs good family lawyer.

I am assuming that the house is a joint tenancy?

Since they were not married, they both own it wholly but it would take him some time to force a sale (years). He cannot just put it on the market without her consent (well he can and she can tell the EA for bog-off) Ditto she cannot be forced to signt he sale documents.

If she were married with a child that age, either she would be allowed to stay until their joint child finished secondary education and then sell or she would get more than 50% of the sale price and all the other assets of the marriage.

Has she got a restraining order and occupancy order in place?

stripey1969

From my understanding, there are two types of tenancy when you buy a house: joint tenancy and tenancy in common. One means you both, as a single entity, own 100% of the house; the other means you own 50% and the other owner owns 50% (or the split is 70%/30%, or 60%/40%, but you get my drift).

If you're buying the house as an unmarried couple and you go with joint tenancy, that means if one of you dies the other automatically inherits the whole house, and if you split up, that you split the profits equally. If you go with tenancy in common and have it written into the tenancy agreement that you own e.g. 70% of the property, then that's what you'll be able to claim if you split up and have to sell.

I'd personally always recommend that unmarried couples go with the latter type of tenancy. My partner bought a house with his ex under a joint tenancy agreement, and paid the entire £40K deposit himself. When they split up she kept half of it and there was nothing he could do about it!

I'm guessing your friend probably went with the joint tenancy too ...