relationship breakdown with children?

Question

Myself and my partner have not been getting on and the love has gone, I have asked him to leave as i cant cause we have two children but are not married, my name is on the house too, do you think the courts would favour me to stay even though he pays the mortgage. I feel like i have no other alternative but to take him to court as he told me he will never leave..help!

Answer 1

As you are not married i think the house will be given to the mother and children.

But if you do have to leave the council should re-house you anyway as you have young kids.

Good luck

Answer 2

Trouble is with not being married you dont get divorced and sort out the settlement .If he leaves he does not have to pay the mortgage just maintenance for your 2 children.He should as the mans name is first on the mortgage but you will equally responsible even if you have the kids with you.He dosn,t have to leave even if the relationship is over your not married and there is no such thing as a common law husband or wife ,so in the eye of the law he just lives in a house which belongs to him also.If there is not a lot of equity in the house then do what I did and move out rent a house and try to get a forced sale on the house which will take a long time .But you might find he ends up meeting someone else and want to pay you off.Just make it clear when you are out of the house that you intend to go back whenever you feel like it he will soon want your name off the mortgage.If you stay there can you afford to pay it anyway .You dont get help with the mortgage these days and would have to work full time to keep it.Good Luck I did it and was a lot happier for it ..

Answer 3

You must see a Solicitor to sort this out.Regardless of the fact you are not married,you have two children together. You are therefore his Common Law Wife and are entitled to just the same as if you were married.
You will be able to stay in the house until the youngest child is l6 or if he or she goes on to a higher level of education until that time.
Then he can ask for the house to be sold and the proceeds devided.You will not be able to get him out though unless he is violent or causing you destress. I've lived through this situation and believe me it's hell.Even when you get divorced,if he insists he can't afford to get somewhere to live without the sale, you will have to proove he can.If you can't,then the judge might agree to you sharing the house.That's a nightmare.I know I lived it.
In my personal opinion,having been through this,I would seek a divorce,agree to the sale of the house,on the agreement that because you are taking the children with you,you get a larger share of the proceeds as you have to put a roof over your childrens heads.If you have a boy and a girl you will need three bedrooms.He won't be happy with this situation.But usually the judge will care more for the mother and children than a single man.He will of course receive some money,hopefully enough so he can put a roof over his head as well.It's a very complicated situation to be in.Good Luck your going to need it.Do see a Solicitor.

Answer 4

He doesnt have to leave, And you cant make him with out a court order which could take years!!!
If the love is lost who lost it him or you? It sounds like it is you that has fallen out of love with him!
If it is you that nolonger loves him I think you should leave, Afterall the one that wants to end the relationship should leave.

The saying goes if you dont like it you know where the door is.

If he has cheated on you then he is in the wrong and you are in titled to ask him to leave and to be honest he should have the decentsy to do so.

It all comes down to who has done what!!!!

The man is not always the one that has to leave. I would fight tooth and nail to keep my kids. And would throw everything that belonged to my wife ( not that I am married yet ) out if I found that she had cheated.

Even if you are not married he is entitled to half of all yours assetts as long as he has lived with you for more than 2 years it called common law husband. So tough luck if you think you are going to get the whole house you aint.

Women do this to men all the time!!! Nice to see an example of where being a common law wife will actually backfire on you.
And he will possibly get all his mort payments back out of the profits from sale.
If you havnt got a job I would empty the joint bank account and cancel any joint accounts.
Then you wont even have any money to get a solicitor.
I would then get the best QC money could buy and take you to the cleaner's
And argue that because you had no job or income you were unfit to look after the children and go for sole custody of them and any pets.

Answer 5

You have to children to him which would normally give you at least 65% of the assets yes you can ask him to leave but has for forcing him best to get legal advice. If he did move out you would have to make the repayments on the mortgage has he would no longer be responsible. As a first step move into a spare room and look into a part time job
It is very scary but if the love is gone and there is no way to save you marriage it is possibly for the best. One thing to keep in mind no one will love your children has much as he does also the grass is not greener single life with 2 children will always be a struggle emotionally and financially, keep this in mind when making up your mind.
Good Luck

Answer 6

mmmmm, i would say ok then, put the house up for sale and take whats yours and start fresh. But the courts will favour the mother and children as long as he has nothing on you, that could cause the court to favour husband. or just tell him you have had legal advise and that you would get the house. now he can do it the hard way and he can loose everything or call the police

Answer 7

Just to let you know you are not alone, myself included. Breaking up is a horrible process, but one that needs to be done to improve one's quality of life, so I feel for you. But to put your mind at rest, all courts will act in favour of the main carer of the children, usually the woman, and they will usually order that the wife/mother stays put in the family home and that the husband must seek other living quarters. Hope you get through this ordeal quickly and intact, and as someone going through the same thing at the same time as you, you're not alone in your tears, all the best, it will get better, it has to.

Answer 8

Depends on where you live, but you may want to look into starting eviction proceedings, or consider having a restraining order filed against him. If your name is the only one on the mortgage and you're not married, unless you have a rental agreement with him, he can be removed with a restraining order.

However, sometimes you need grounds for a restraining order.

Really, the best bet is to consult with an attorney. If you can't afford one, you need to try Legal Aid.

Answer 9

We can't answer this. If you have young children, he will need to pay your child support, but as for the mortgage, too... you really shoudl think about moving into somewhere smaller and instructing/consulting a solicitor before you do so to find out your options. If your name is on the mortgage, I suggest you get him to sell it and give you your share so you can afford somewhere of your own. Either way, that money's yours.

Answer 10

generaly the courts try to keep the kids with the mother. Why is he paying the morgage? Do you not have a job? if you dont then the chances of him getting the kids and the house are greater.