Friend and partner splitting - who gets the house?

[SueEllen]

The moved in at the same time but the mortgage is in his name as her credit rating was too poor to get one. I think his son is about 8?

No agreements or anything like that as far as I am aware.

His and her son need somewhere to live.

The main carer needs to live with the boy.

Once that's sorted they can fight about the house - if the house isn't where their son and the boy's main carer reside......

[SueEllen]

I forgot to say if there were no children involved or the children were adults, then apart from some money to cover any maintenance/improvement of the house she gets SFA. Cohabitees have no rights unless there is a contract between them.

As there is a child then his needs come first. So your friend can't just kick the mother out unless he cares for the boy completely on his own when the boy's not at school.

[BrilloPad]

His and her son need somewhere to live.

The main carer needs to live with the boy.

Once that's sorted they can fight about the house - if the house isn't where their son and the boy's main carer reside......

Until the lad is 18 then he gets to stay in the house with mum.

And quite rightly too!

[SueEllen]

Until the lad is 18 then he gets to stay in the house with mum.

And quite rightly too!

Unfortunately it seems both parties don't understand the kid's needs come FIRST.

[Bacchus]

Am I the only one who thinks this guy sounds like a right scuzz.

They've been together over eight years, have a kid, and have been buying a house together (whatever the documentation says), and he wants to ship out the old and in with the new. W4nker.

Your mate needs to MTFU, face up to his responsibilities and provide a home for his kid. I am once divorced and so appreciate that relationships do end, but it needs to be managed like a grown up.

[MyUserName]

Until the lad is 18 then he gets to stay in the house with mum.

And quite rightly too!

Only his mum? So his father cannot take custody and have the bit live with him?

[eek]

Am I the only one who thinks this guy sounds like a right scuzz.

They've been together over eight years, have a kid, and have been buying a house together (whatever the documentation says), and he wants to ship out the old and in with the new. W4nker.

Your mate needs to MTFU, face up to his responsibilities and provide a home for his kid. I am once divorced and so appreciate that relationships do end, but it needs to be managed like a grown up.

No but I was adopting the approach of getting a solicitor to tell him how the world works rather than just taking advice a mate got from a forum...

[MyUserName]

Am I the only one who thinks this guy sounds like a right scuzz.

They've been together over eight years, have a kid, and have been buying a house together (whatever the documentation says), and he wants to ship out the old and in with the new. W4nker.

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.

[Bacchus]

No but I was adopting the approach of getting a solicitor to tell him how the world works rather than just taking advice a mate got from a forum...

well some truth in that, for sure, but if everyone behaves with honour solicitors only need to rubber stamp the deal, otherwise Brillo is right and the solicitor gets the house and the family loses

[edit]and it is a family even though it's gone tits, and that needs to be remembered[/edit]

[tractor]

...

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?