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Hi I could do with some advice if anyone can help.
I've been cohabiting my house with my girlfriend and son for two years. The mortgage is in my name and she doesn't have her name on any of the documents. I pay the mortgage and most of the bills including council tax etc. She pays for sky tv and the water bill and for our son to go to nursery 3 days a week. The car is mine and all the furniture etc.
Now we broke up about a month ago and she has moved back in with her family and my son. She said she has been to see a solicitor to see what she is "entitled to" of mine.
We are not in a civil partnership or anything, just cohabiting. Is she entitled to anything of mine? And if she has been paying the water bill for example for two years, despite the fact that I pay for everything else can she make a case of it?
On top of this I was made redundant about 2 weeks ago so can't afford my own solicitor and also she has contacted the CSA regarding maintenance.. which I'd gladly give if I wasn't in this situation, I'm giving what I can afford at the moment though.
Any advice at all I would greatly appreciate.
Some additional info:
She came and took a folder of all our bills and receipts etc, I presume this was asked for by her solicitor to see who payed for what. But other than her clothes and as I say a few bills and nursery fees, I've paid for/own everything else.
I just presumed that when a couple split and they weren't in a legal partnership then what's yours is yours and visa versa. Maybe our son forms us into a legal partnership? I'm wondering if she could demand more maintenance or anything else from me for example because "she's entitled to the life she had before the split"? I really don't know.
Hi Stu,
I'm no expert on this by any means, but your ex partner may have some claim on the property given the length of time you were living together under the same roof. I'm unsure whether the CLC could advise you on this, but I would recommend that you go and see a solicitor. Most firms will give you an initial free 45 minute consultation. I would imagine that you may also be eligible for legal aid given your employment situation.
With regard to CSA, your ex is, I believe, entitled to 15% of your income for child maintenance. Even if you're on benefits. The amount you pay may be reduced if your child stays with you overnight at weekends or during the week - e.g, if your child stays with you two nights a week, then deduct 2/7ths from the amount of child support you would need to pay weekly.
Hopefully one of the other Dad's may have some additional advice for you!
Take care!
Hi Stu
I'm not 100% sure of the situation, but the courts main concern will be for the welfare of your son, so she may well have a claim for some of the property, plus the money she has paid out for nursery and water bills may count towards the total expenditure over the period she lived with you - you definitely need legal advice, in the first instance, I'd contact the Childrens Legal Centre.
With regards to maintenance payments, if you are on benefits, with no other income, then I believe the CSA will take a flat £5 per week from you
OK thanks for your advice I appreciate the help. I've now received a letter from her solicitors demanding compensation for her contributions to the household. Unbelievable if you ask me, I understand the hardship of her going from a family home to now being a single mum, but I've catered for my sons needs adequately - it just feels like an act of spite her now making these demands from me. 🙄
You definitely need legal advice - it's tricky - she has paid towards the total cost of the household while she lived there, so there's some validity, but she has also had somewhere to live. Try to get a free initial consultation with a divorce solicitor.
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