[Solved] Financial consequences of separation

As your not married she may have claims to your assets under TOLATA or section one o fthe childrens act.

Under TOLATA she may claim a beneficial interest in your property and may be entitled to 50%.

Under section 1 of the childrens act she may also claim a beneficial interest for the children and could retain the family home until the youngest reaches 18. She may also claim a lump sum or periodical payments which would be in addition to any CMS you are already liable for.

Im currently going through court as respondent to a section 1 of the childrens act claim where I am being asked to leave the family home and pay my former partner 42% of my net income.

In my case the assets are modest at best.

Regards,

Dave

42% of your net income? how many children do you have

Is DaveR's reply accurate?

Not married !

Beneficial interest in property, "may be entitled to 50%." "Leave the family home and pay 42% of net income."

His comments are completely the opposite to what I have been told. Three solicitors with no connection to one another have all said that if a couple are not married there can be no claim on the assets of one partner by the other.

Tolata, I don't understand this but I believe it to be where a parent can claim an interest on behalf of the children on the other parent's assets.

It would be helpful to have some facts on this from the site's Legal Adviser.

I've asked if they are able to advise, but TOLATA may be out of their area of expertise.

Thank you actd.

I hope they are able to advise as I am very concerned and I would imagine Miltonkeynes will be also.

Hi There.....

I got out of court yesterday and will update you when I get a moment later.

My comments previously were based on what my ex was demanding but she had her request kicked into touch yesterday by the Judge so dont panic.

More later.....

Dave

Hello Dave, look forward to hearing from you and what happened regarding the various points mentioned previously.

Thanks DaveR - looks like you are the expert on this, as CCLC have unfortunately confirmed that they are unable to advise in this area of law.

TOLATA - (Trusts of Land and Appointment of Trustees Act 1996)
Check your TR1 for the porperty and determine if the parties are Joint tenants or tenants in common.
Joint tenants own the property together and a 50/50 split is assumed but can be argued in court. Tenants in common have agreed the % split and it will be detailed in the TR1.
A TR1 can be obtained via your conveyancing solicitor or via the land registry for £7.
Remember that as joint tenants if the other party dis that ALL of the property goes to the surviving tenant. If tenants in common your estate gets your cut of the property.

I understand that the courts are pretty firm if the parties are joint tenants and it takes a TOLATA application from the other party to the court to argue that they should have more of a share. I hope so as my former is now applying under TOLATA.

Even if you are not married but have been cohabitating then the former partner may still have a claim to the property under Schedule 1 of the Childrens act.

Schedule 1 of the childrens act
One party may claim a lump sum or periodic payments from the other but only to support the children and not themselves.
If you are paying maintanance then your former cannot claim a monthly or weekly amount as it is considered mainanance and you cannot pay this twice.
Under schedule 1 you cannot be forced to move out of the property.
Your former may be able to claim a lump sum thought. My former is claiming as muh as she can under TOLATA and going for the rest of the equity using schedule 1 of the Childrens act.

Im not sure if I have answered anyones questions as this has turned into a bit of a brain dump.

Let me know if there are more questions and I will answer them the best that I can.

Alternativley send me a PM and I will happily chat to anyone.

Regards,

Dave

Hello Dave

Thank you for the information. I shall have to read it again to get a better understanding.
I believe it is a rather complicated procedure. I read somewhere that it is not easy to argue a case under TOLATA which makes one think the applicant is on the back foot before they have even started.

I really appreciate your message and information. I shall, when I've thought about it more, come back to you on this one.