Living together With 1 Child

Hi

Unfortunately I need some advice.

I have been living with my partner for 8 years and we have 1 child aged 5. We are not married but are engaged. The house was purchased before we got together and remains solely in my name. We have a joint account but the Savings accounts are in my name. I am the major income earner by some distance.

The child will remain with me I don''t think she will dispute this.

I would like to know what rights she has to any savings or equity on the house.

I have no problem helping her set up again but want to know what I am obliged to do.

Thanks for your help

If you separate and are unmarried then the default position is that each leave with the assets that are in your own names.

However, there can be exceptions. If your ex has contributed substantially to the house then she could apply for a share of the house equity. She would have to prove beneficial interest and make an application under the Trustees Of Land and Appointment of Trustees Act (TOLATA).

If your child remains with your ex then she could also apply for a share of the equity in the home and/or a share of the savings to help house and take care of your child. She would apply under Schedule 1 on the Children Act.

Hi italyciccia,

Welcome to wiki, this is obviously a difficult situation for both of you and not being married means you do not have the jurisdiction of the family courts to divide assets. You will need to go down the property law route.

What concerns me is ( and you know the circumstances) a mother willing to give up her 5yr old child. Is this because she is ill? unable to support her/him? moving back to another country to be with family?

With having a child together, the needs of the child are paramount and take precedent over individual needs. Have you discussed contact/care needs of your child when the two of you part?

Sorry to ask so many questions, as I said, there might be explanations/reasons that only you know.

Best wishes,

NWTT.

Hi

Thanks for the feedback.

I have the better relationship with my daughter - part of the reason we are splitting up is because my other half wants to live a single life.