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Clare
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 33304
Experience:  25 years experience of all aspects of family law
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My unmarried son & his partner

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My Un married son & his partner have separated after 11 years. Mum has taken the children from the home which belongs to my son & I. Mum has not contributed to finances. His concern is should he temperaly move out into his parents home so the mum & 2 children can move back till somewhere else is found. How would his legal posistion be ref the house?? What if the mum decided she wanted to stay in the house & keep my son out ?? Please
Hi
Thank you for your question.
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How old are the children and what other assets does your son have?
Claire
Customer: replied 3 years ago.
I bought it so no mortgage hence my name also
On deeds. Approx £140,000
Children 3 & 5 yrs old
She says she wants nothing from him now only a
Economic car. Seem to be communicating well
Now. Remember they are NOT married !
Hi
I am afraid that whether or not they are married your son is under a duty to help his ex house the children and if need be his ex could make an application under Schedule 1 of the Children Act for the right to live in the house until the youngest child is 18.
At that point she would have to leave - and she would have no financial claim.
Bearing this risk in mind it would be sensible for your son to be reasonable generous in ensuring that his ex and the children are safely rehoused so that the risk of her deciding to make such a claim is reduced
If need be he could consider negotiating with her using Family mediation (www.familymediationhelpline.co.uk) to try and resolve matters
I hope that this is of assistance - please let me know if you need further information
Claire
Clare and other UK Family Law Specialists are ready to help you
Customer: replied 3 years ago.
I believe this advise is out of date !!
Hi
May I ask why you think that - there has been no recent change in the law which could make it so
Claire
Customer: replied 3 years ago.
I was told that as the law had changed 3 years ago a person was not liable to provide
A roof over partner or children even if married
But of course morally this would be argued.
Hi
No there has been no such change in the law.
The liability to help house a child until the child is aged 18 is set out in Schedule 1 of the Children Act 1989.
The housing needs of children of a marriage also remains a priority within the financial side of divorce proceedings (not relevant in this case of course)
Claire

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