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What is my partner entitled to?

  • DaveBor
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17 Jun 13 #397519 by DaveBor
Topic started by DaveBor
Hello

  • colourful30
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17 Jun 13 #397521 by colourful30
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When my sister and her partner split she was informed by a solicitor that she had no rights with regards his property etc. They had been together 10 years and had two children.

  • Gillian48
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17 Jun 13 #397576 by Gillian48
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I thought that married or not the same rights applied even more so if children are involved? I''m sure the wise wikis will advise you soon.

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17 Jun 13 #397579 by Fiona
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Matrimonial Causes Act 1973 only applies to those who are married and co-habitants do not have rights to claim against each other. Property law comes into play and the name(s) on the property deeds determines ownership, although in some circumstances it is possible to establish a beneficial interest in a property if there is evidence there was intention to share the property such as paying for home improvements.

However as well as child maintenance claims can be made under the Children Act 1989 for a property to be provided for children during their dependancy. When this happens the property reverts back to the original owner when the children reach maturity. It''s a complicated area of law and worth consulting a solicitor to find out where you stand and what options there are so you (or a solicitor on your behalf) can negotiate from an informed position.

  • H 17hgt
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28 Sep 13 #408647 by H 17hgt
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I''m in a similar position , I am paying a mortgage on a house I used to rent out for my ex to live there with my son but she has also took me to the CSA, I do not get any reductions on the CSa for the mortgage I have to pay on the property, is there any other way around this? I have always provided for my son but I begrudge providing for my ex and her lifestyle

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28 Sep 13 #408662 by Fiona
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If a court has ordered you to pay the mortgage and you have an interest in the property there is nothing you can do. Dependant children require a home and to be cared for during their minority so a child and their carer come as a package.

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28 Sep 13 #408680 by H 17hgt
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I would love to be the carer but men seem to get no chance

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