Any legal brains on here

[trackrunner]

My friends son has been in a relationship for around ten years. He took on her two children and raised them as his own in that time.

They bought a house together and now the relationship has broken down, he moved back to his parents.

He seems to think he hasn't got any legal rights on the property, and although he said he will pay half the mortgage till the kids are grown (16 and 12) it's very good of him considering neither of the kids father's ever paid anything.

I don't think he can afford to run two properties the ex partner has a good job, surely he can sell. Her parents have a big house big enough for her and her children.

[Fernand]

My friends son has been in a relationship for around ten years. He took on her two children and raised them as his own in that time. They bought a house together and now the relationship has broken down, he moved back to his parents. He seems to think he hasn't got any legal rights on the property, and although he said he will pay half the mortgage till the kids are grown (16 and 12) it's very good of him considering neither of the kids father's ever paid anything. I don't think he can afford to run two properties the ex partner has a good job, surely he can sell. Her parents have a big house big enough for her and her children.

 

He needs to go and seek out an experienced divorce / family lawyer immediately. But I can tell you right now, he's not in a good position.

[trackrunner]

They're not married

[PeteMorris]

I'm sure there will be an armchair lawyer here, at any moment....But the bottom line is he's gonna be on the back foot whatever happens....Oh dear...

[trackrunner]

I'm pretty sure you're right.

A little unfair considering both the kids father's walked away without any hassle. He is a nice man though and feels responsible towards the kids so will do what he can but he still needs to live

[Fernand]

They're not married

 

He should still go and actually discuss this with a solicitor experienced in these matters.

[PeteMorris]

I'm pretty sure you're right.

A little unfair considering both the kids father's walked away without any hassle. He is a nice man though and feels responsible towards the kids so will do what he can but he still needs to live

 

Well...Nice as he may be...His priority is to sort himself out, and not live in poverty to fund someone else's family. Yes it sounds cruel, but he really does have no responsibility at all to the children (much as he might like them)....It's the biological father who should be providing.

[andyofborg]

My friends son has been in a relationship for around ten years. He took on her two children and raised them as his own in that time.

They bought a house together and now the relationship has broken down, he moved back to his parents.

He seems to think he hasn't got any legal rights on the property, and although he said he will pay half the mortgage till the kids are grown (16 and 12) it's very good of him considering neither of the kids father's ever paid anything.

I don't think he can afford to run two properties the ex partner has a good job, surely he can sell. Her parents have a big house big enough for her and her children.

 

if its a joint mortgage then he has some rights over the property, though to get any money from it he must either be bought out by the ex or force a sale something which will put the step children out on the street something he may not want to do.

 

if its not a joint mortage then he's not on such safe ground, what is needed is for him to see a lawyer specialising in family matters.

 

there is also the issue of the kids, whether he's the biological father or not, he is effectively their father and just disappearing from their life almost overnight isn't going to be good for them. while he may not have any sort of legal right to see these children it would probably be good for see if he can get some access if nothing else but to end their relationship in as positive way as possible. a lawyer could offer some advice in that direction too.

[trackrunner]

His ex won't stop him seeing the kids, she's okay with that

As for the biological father's, neither have been seen since birth. I believe one lives overseas, and the other has more children than I've got fingers.

I think he is hoping it will sort it's self out I think he does need to get some legal advice. I'm sure his patents will advise him of it.

[Cyclone]

They're not married

 

So?

 

Many people buy houses together without marrying. The law makes perfectly adequate provision for things to be jointly owned without the owners being married.

 

---------- Post added 07-09-2014 at 18:57 ----------

 

The ideal situation is that his name was on the mortgage, failing that if he can prove that he was contributing equally to the household then he probably still has a 50% claim on any equity in the house.

 

That might not be a huge amount though, 10 years ago it was 2004, if they were a few years in before the house was bought that could be 2006 (as an example), prices today are not much higher than then, so the only equity would be the amount paid off on the mortgage (which in the first 10 years isn't much as you start off paying mostly interest and only slowly make capital repayments).