Relationship breakup

Mojisola

avogadro wrote: »

Does he have a key to her new house, which he has helped pay for?

As she's renting it in her name, he doesn't have any right to a key to her place.

apesxx

Does your friend claim child benefit/ child tax credits for the children? If she is still claiming it and the children are not with her then he needs to get that changed into his name too.

Noobie2011

apesxx wrote: »

Does your friend claim child benefit/ child tax credits for the children? If she is still claiming it and the children are not with her then he needs to get that changed into his name too.

Not sure but can check this with him.

Again I do not think he will pursue any of it but maybe he will have a change of heart when he sees exactly what she is getting away with and not guilty for any of it.

Beckyy

It's for the children's benefits though re: tax credits/child benefit. If she isn't contributing towards them and is receiving them then he should pursue for their sake as it could go into their savings if not needed for day to day things.

How old are the children?

C_Mababejive

Heres what he needs to do.

Document and record the facts i.e that she moved out and is no longer paying toward the mortgage even though she has an obligation to do so. Get evidence of this if possible . Try to get her to write something be it via a letter or otherwise.

Change the locks

Then just get on with his life and dont keep giving her money ! She chose to leave.

If she wants her money out of the house well then SHE will have to pursue that via the courts. Dont go giving stuff away.

Its unlikely a court would grant an order for sale for a family home where the female parent has effectively abandoned her children.

She may also need to pay maintenance.

duchy

Will people please stop telling the OP it's OK to change the locks.

She is on the deeds so is an equal owner of the property so he has no legal right to lock her out.

The @friend@ should be ensuring he is claiming child benefit for the children as he is the PWC and tax credits if applicable - as much to confirm their residency with him as the money itself.

As the NRP she is legally obliged to pay child support for her children (in exactly the same way as if she was a man). This should be applied for now - once tax credits and child support are in place both parents will have a clear understanding of their income and should take legal advice about the house. It's possible that with tax credits (which for single parents can be generous) and child support your friend will be in a position to pay the whole mortgage themselves which will make the situation easier all around. His priority should be his children and if he feels their stability in staying in their current home is a priority this is the way to ensure this happens - If she doesn't like paying child support - that's tough- Does he believe that if he had been the one to leave she wouldn't have expected HIM to pay child support ?

Guest101

duchy wrote: »

Will people please stop telling the OP it's OK to change the locks. - It is ok to change the locks. If you don't mind, can you please quote the law which prevents this?

She is on the deeds so is an equal owner of the property so he has no legal right to lock her out. - Actually she has rights of access. He can change the locks, and if she then requires access provide her with such access. If she turns up unannounced, cant get in and kicks up a fuss, the obvious question would be why. (this would be the question asked of any NRP doing this)

The @friend@ should be ensuring he is claiming child benefit for the children as he is the PWC and tax credits if applicable - as much to confirm their residency with him as the money itself. - And maintenance from the NRP

As the NRP she is legally obliged to pay child support for her children (in exactly the same way as if she was a man). This should be applied for now - once tax credits and child support are in place both parents will have a clear understanding of their income and should take legal advice about the house. It's possible that with tax credits (which for single parents can be generous) and child support your friend will be in a position to pay the whole mortgage themselves which will make the situation easier all around. - Which he should do, as she now has the expense of the rental property. His priority should be his children and if he feels their stability in staying in their current home is a priority this is the way to ensure this happens - If she doesn't like paying child support - that's tough- Does he believe that if he had been the one to leave she wouldn't have expected HIM to pay child support ?

Agreed with you on most points, but as far as I'm aware there is no law which prevents him changing the locks.


She is entitled to access the property, and if necessary he can give her a copy of the key. But this would only be necessary if she attempts to access the home when no-one is there or knows she's coming. - Which would then beg the question, why is she there?

Mojisola

Guest101 wrote: »

Agreed with you on most points, but as far as I'm aware there is no law which prevents him changing the locks.

And there is no law that would stop her, as an owner of the house, getting a locksmith in to change the locks when she finds she's locked out.

Guest101

Mojisola wrote: »

And there is no law that would stop her, as an owner of the house, getting a locksmith in to change the locks when she finds she's locked out.

I didn't say there was?


And equally should he or the children need access, she would have to provide it.


Courts would frown on this as it is no longer her home (though it is her asset), and an injunction would most likely follow.

Mojisola

Guest101 wrote: »

I didn't say there was?

And equally should he or the children need access, she would have to provide it.

Courts would frown on this as it is no longer her home (though it is her asset), and an injunction would most likely follow.

Why escalate to this level when it could have been avoided by him not changing the locks in the first place?