Splitting up with my partner - child and house involved.

[mr anonymous]

It looks like my partner doesn't want to stay together - hopefully I'm wrong but things don't look good.

She moved into the house I had already lived in for 10 years and was paying off mortgage. I continued to pay the mortgage and all the bills. I have subsequently cleared the mortgage and own the house outright.

We've since had a daughter (now approaching 3) but never been married.

My question is how can I do the decent thing and support my family without losing my house which I've worked really hard to buy.

Any advice greatly appreciated.

Thanks

 

[niceoneted]

It sounds like there might still be some hope there so is there a chance you could try counseling?
If it's not to work out perhaps a decent maintenance for the child (seeing as you don't have a mortgage to pay), but I would like to think you could stay in your house and your partner move out.

 

[MOB]

I don't think you need to be worried about losing your house. You are going to have to help maintain your child, in accordance with your ability to do so. But you should not be worried about losing your house - your partner is unlikely to have any claim on your house;

You should of course consult a solicitor as soon as possible.

 

[missdaisy]

your partner is unlikely to have any claim on your house; .

I wouldn't necessarily agree with this statement. The OP has said that his partner has lived in the house and has paid the mortgage. It is unclear how long the OP's partner has lived in the house or how many mortgage payments she contributed to but she certainly could have a claim.

OP you will need to get legal advice on this if a separation does happen.

 

[MOB]

Not what I took from the OP's post.

I think OP intended to convey that he had been paying off mortgage for 10 years before she moved in, and that he continued to pay it on his own. ("I continued to pay the mortgage and all the bills").

But the wording is a little clumsy and I may have misinterpreted..

 

[fababby]

No 'common law wife/husband' legislation in Ireland. If house is in his name and they are not married, then she has no claim, even if she contributed financially. Neither has he an obligation to maintain an ex-partner (when not married). However, he does have an obligation towards daughter so should agree maintenance with ex-partner for child. Anything else is at his discretion. Have you guardianship rights in relation to your daughter? Again, nothing automatic if you were not married. You can agree this yourselves with S.I 5 of 1998 which you both sign in presence of Peace Commissioner or Commissioner of Oaths. This is not filed or registered any where so keep your copy safe. The form is downloadable via google. Do confirm all with solicitor of course. A

 

[missdaisy]

If house is in his name and they are not married, then she has no claim, even if she contributed financially. quote]

This is not true. It depends on the nature of the financial contributions though.

MOB, I've re-read OP's post and it could actually be as you say - I misinterpreted it.

 

[mr anonymous]

MOB was correct in interpretation I have made 100% of mortgage payments throughout. Thinking on my partner did used to contribute her portion of the rest of the bills, but only what was increased on her moving in. utilities, 25% increase in council tax etc. then the last 3 years with her working part time, I have paid for everything.

Sorry if wording was confusing.

Thanks for all the advice.

 

[mathepac]

... 25% increase in council tax etc. ....

This indicates to me you located in the UK. As this is an Irish site, family law etc will be different in another jurisdiction - thus, treat any advice or opinion you receive here with extreme caution and seek legal advice locally. Sorry for the bad news.

 

[fababby]

Just to clarify MissDaisy, I was referring to financially contributions that Mr Anon referred to, towards bills etc. She would have claim (equity claim) if she had contributed to purchase price, deposit, mortgage repayments or upkeep of house (family home protection act 1976). was simply underlining the 'common law' difference, inadequately apparently. moot point if they are in uk, anyhow. apols for confusion caused.