common law couple separating, need advice please

[tinkernpan]

Hi all i m new to forums! I'm also new to separating...... We have a 6 year old, old house in mortgageas a rental property that I have my name on and the current home which is in his name......where exactly do I stand??? The rental was and I believe still in negative equity and our current financial situation is close to collapse....him ending us is now a nightmare and I'm unsure how much we can sort without legal bills.... Thank you

[FionaC]

Re: common law couple separating, need advice please

Hi tinkernpan,

I just wondered how easy it would be for the two of you to discuss matters together? you don't need to do this on your own you could try mediation. I would always start with practicalities; what income do you have and what do you need? These days parents are encouraged to reach agreement themselves regarding child maintenance but there is a lot of information and help if you need it. have a look at www.cmoptions.org . As for the properties it is possible to delay a sale or to use equity that might be owned by the other party. These situations (if you cannot agree fairly quickly) can be complicated. Initial legal advice can be very useful, a little bit of knowledge can give you confidence in your negotiations and solicitors should give some initial advice for a fixed fee. Good Luck Fiona

[Openlaw15]

Re: common law couple separating, need advice please

Hi all i m new to forums! I'm also new to separating...... We have a 6 year old, old house in mortgageas a rental property that I have my name on and the current home which is in his name......where exactly do I stand??? The rental was and I believe still in negative equity and our current financial situation is close to collapse....him ending us is now a nightmare and I'm unsure how much we can sort without legal bills.... Thank you

There is no simple answer to this as there is no such thing as common law couple, which means there are generally less rights than married couples. There is no automatic right to maintenance for children based on law. You could however claim rights in equity, ie beneficial rights. It works like this, where one person has the legal interest (title) because the property is in their name the other person has other more complicated rights, called beneficial or equitable (ie fair) rights. If you have contributed to the property in his name, you are likely to have beneficial rights for you and the 6 year old. So, he cannot just automatically sell the property just because it is in his name. You have an interest in the other property.