unmarried couple property rights

natty

in an event when an unmarried split up and both of their names are on the house who would get what if children are involved. if the woman hasnt paid the mortgage cause she is a homemaker is she still entitled to stay on with the kids after a seperation

seamus

In the event of a break up, whomever has custody of the children will get the house. Most of the time, the woman will get de facto custody of the children.

That's pretty much it in a nutshell. If there is a dispute over the home and children are involved, the children take priority. The person who has custody of the children has no obligation to buy half of the home, and the man must pay support, even if he has been "kicked out" of his home.

Gobán Saor

seamus wrote:

In the event of a break up, whomever has custody of the children will get the house. Most of the time, the woman will get de facto custody of the children.

Whoa! This is certainly pretty much the norm (but not at all inevitable) in the case of married couples. But not for unmarried couples where it will depend entirely on establishing beneficial ownership of the propertry. This depends only on the facts of the case regarding who paid what for deposit, mortgage, improvements and furnishings and what agreement, if any, there was as to how ownership of the property was allocated. The partner with custody will generally be entitled to maintenance for the dependent children, but not for her/himself. Equally, there is no entitlement to seek property adjustment orders, pension adjustment orders or any of the other panoply of statutory reliefs available to divorcing/separating married couples.

seamus wrote:

That's pretty much it in a nutshell. If there is a dispute over the home and children are involved, the children take priority. The person who has custody of the children has no obligation to buy half of the home, and the man must pay support, even if he has been "kicked out" of his home.

Again, this applies, if at all, to married couples who separate.

seamus

My bad. I assumed it applied to all couples with children.

BernardL

Unmarried partners are becoming more common, as fewer heterosexual couples elect to become married and same sex couples are not allowed in several areas. Cohabiting couples have an entirely different structure of financial risk. There are also some benefits to it also. Here is the proof: Unmarried couples face different standards in finance