The UK's largest and most visited divorce site.
Modern, convenient and affordable services.

We've helped over 1 million people since 2007.

 
Click this button for details of our
email, phone nbr and free consultations.
 

Safeguarding the roof over my and my son''s head

  • talurve
  • talurve's Avatar Posted by
  • New Member
  • New Member
More
24 Apr 13 #390788 by talurve
Topic started by talurve
Hello. I''ve been separated from my ex-partner for a year now (we were never married). Our son (aged 8) and I remain in the house my ex- and I bought together and my ex- has a room in a house-share nearby. My ex- and I have a mortgage together and we''re tenants in common (I think!) with a 66% (me) /34% (him) share as I contributed double what he did to the deposit. He''s been paying me his share of the mortgage payment (% not defined though - I think he thinks he''s paying half)plus some maintenance towards our son. My problem is that he''s drinking very heavily (almost every day as far as I''m aware)and it can only be a matter of time before he loses his job, which means he won''t be able to pay his share of the mortgage or maintenance, and will become homeless as he won''t be able to afford to rent. There''s also the distinct possibility that he''ll try to move back in. Is there anything I should be doing to (a) prevent him moving back in should he lose his job/rented accommodation (b) safeguard my and my son''s right to live in our home (if indeed we have a right to do so). None of these financial arrangements are in writing (apart from the tenants in common agreement)so I suppose there''s always the possibility that he could also just stop giving me any money towards the mortgage etc. I''m not in a position to ''buy him out'' unfortunately and would struggle to pay the mortgage on my own, presuming I could even get a mortgage. I currently receive no other benefit apart from Child Benefit.
Any advice anyone could offer would be very much appreciated! Thanks

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
24 Apr 13 #390795 by Fiona
Reply from Fiona
As you are unmarried the starting point is property law and the deeds. Cohabitants cannot make financial claims against each other. In some circumstances it is possible to make claims under the Children Act 1989 for property to be made available for children until they reach maturity. The law is complicated in this regard and you really need to see a solicitor sooner rather than later to find out where you stand and what options there are.

  • u6c00
  • u6c00's Avatar
  • Platinum Member
  • Platinum Member
More
24 Apr 13 #390799 by u6c00
Reply from u6c00
If Child Benefit is the only benefit you''re receiving, have you looked into Child and Working Tax Credits?

The last time I looked at the qualifying criteria, single parents would need an income of around £60,000 before they received nothing at all.

That extra support may be enough that you can be confident that you''ll be able to afford the mortgage on your own if the worst should happen.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11

Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.

 

We can help you to get a fair financial settlement.

Negotiate a fair deal from £299

Helping you negotiate a fair financial settlement with your spouse (or their solicitor) without going to court.


Financial Mediation from £399

Financial mediation is a convenient and inexpensive way to agree on a fair financial settlement.


Consent Orders from £950

This legally binding agreement defines how assets (e.g. properties and pensions) are to be divided.


Court Support from £299

Support for people who have to go to court to get a fair divorce financial settlement without a solicitor.