Friend and partner splitting - who gets the house?

[Bacchus]

They have not been together for at least 5 years. They just stayed sharing a house (separate rooms etc). She has had a new boyfriend for several years.

It gets ever more curious...

Is this like one of Suity's drip feeds? Is her boyfriend married and won't leave his wife? If not why doesn't he also man up and provide somewhere for her so they can both start again?

Indeed - curiouser and curiouser.

It sounds messy, but I stand my my original diagnosis that the guy needs to MTFU and sort it out.

IMHO (which is not legally trained), they are tenants in common, and with kids involved and the financial contibution she is definitely half owner of the house. I don't think he can sell it under her, but by the sounds of things the best thing would be for them to sell up and move on, rescue what they can of themselves, and get on with their lives apart whilst remaining in sensible contact so they can bring the child up together even though they're apart if that makes sense, ie NEVER play the "your Dad's this/your Mum's that" cards, but discuss welfare issues like adults

[MyUserName]

It gets ever more curious...

Is this like one of Suity's drip feeds? Is her boyfriend married and won't leave his wife? If not why doesn't he also man up and provide somewhere for her so they can both start again?

Sorry I did not mean to start a drama!!

I don't know anything about her boy friend or their situation. Not even sure whether he lives there or not!

[tractor]

.....

Sorry I did not mean to start a drama!!

I don't know anything about her boy friend or their situation. Not even sure whether he lives there or not!

I guess that was flippant, sorry but you must realise there is far more to this than the one side you have heard. And to give advice over such a limited set of the facts is unwise.

No, it's not a good situation to be in for any of them but as other posters have pointed out, it should primarily be a question of how to provide for the kid, not who gets what. It's a little later for your buddy to be worrying about what his rights are now. He should see a solicitor, be honest about the facts and then decide whether to take the advice he will undoubtedly pay for.

It is not possible to say the law says this or that because every family court is different and will see similar situations in different ways and often with different outcomes.

[tarbera]

It gets ever more curious...

Is this like one of Suity's drip feeds? Is her boyfriend married and won't leave his wife? If not why doesn't he also man up and provide somewhere for her so they can both start again?

Usual tulipe advice from a knob

[tractor]

...

Usual tulipe advice from a knob

Oh dear, someone let the village idiot at the white lightning again!

[tarbera]

Friend and partner splitting - who gets the house?

Oh dear, someone let the village idiot at the white lightning again!

HAhahahaha

Zzzz and old as usual

I await you usual non funny non informal reply Zzzzxzzxzzz

[SueEllen]

Sorry I did not mean to start a drama!!

I don't know anything about her boy friend or their situation. Not even sure whether he lives there or not!

So you ask for advice but don't post all the facts - weird

Anyway my point still stands the kid's needs come first.

After that the adults can fight over any assets remaining.

Cohabiting doesn't give you the same rights as marriage as there is no division of assets what is yours is yours but you have to be able to prove it completely is. While some people with the most assets try and screw their ex, others realising they are going to make a lawyer richer give them the money instead.

[MyUserName]

So you ask for advice but don't post all the facts - weird

The only facts I have added after the original post are the ones about her new boyfriend (which I did not think were relevant, I am still not sure they are). Other posts I made were just to clarify, or in some cases, repeat facts.

Anyway my point still stands the kid's needs come first.

After that the adults can fight over any assets remaining.

That is pretty much the current stage as far as I can tell.

Cohabiting doesn't give you the same rights as marriage as there is no division of assets what is yours is yours but you have to be able to prove it completely is.

This seems to be the problem. They both want the house he thought it was his because it is in his name and he pays for it, she thought it was hers because she is their son's main carer and has contributed towards to the costs of the house.

[SueEllen]

Actually having a new partner who may live in is very relevant when the main carer doesn't work, works part time or works fulltime but earns a lot less.

The partner who earns the most and isn't the main carer has to pay maintenance.

While this maintenance is for the care of his kids, some of this maintenance especially if the guy is rich will maintain the ex.

If the ex has a new partner then it can be argued that the ex needs nothing to maintain himself/herself so the amount given should be less.

[MyUserName]

Actually having a new partner who may live in is very relevant when the main carer doesn't work, works part time or works fulltime but earns a lot less.

That is relevant to the maintenance payments (I don't know what is happening with that) but is it relevant to whether she can refuse to leave the house?