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Changing locks

  • Pookey33
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09 Mar 16 #475280 by Pookey33
Topic started by Pookey33
I had been with my partner( not married ) for 6 half years we have a 4 year old daughter together. I moved into his house when I fell pregnant and after having our daughter went back to work and then started paying towards the mortgages he always said it was my house too but never put me on mortgage or deeds as said too much hassle expense.

The relationship has now ended ( I initiated the split due to a long period of arguing and my daughter being subjected to some of it ) I moved out some of my stuff to live with my sister with my daughter while I m trying to find a place to live we can afford. He has obviously stayed in the house but while I''ve been at my sisters ( only 2 weeks ago I moved some of my stuff still have lots at the house ) he has changed the locks didn''t tell me neighbour told me.

We are supposed to be having mediation over finances and child care arrangements next week. I''m really angry that he''s done this without consulting me. I''ve not been to the house at all since moved out as I''m staying 2 hour drive away. Just wondered if him changing locks is legal as it was our family home despite not being married ? Guessing because not married and house in his name I''ve not a leg to stand on ? Any advice very much appreciated.

  • LittleMrMike
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09 Mar 16 #475295 by LittleMrMike
Reply from LittleMrMike
Er - mediate about what ?

You said you were not married. The Court''s powers to redistribute assets on divorce generally do not apply where the parties are not married.

There are only two statutory provisions that I know about

1. Section 15 and Schedule 1 to the Children Act 1989
2. Section 36 of the Family Law Act 1996.

But this is pretty specialised stuff and I admit I don''t know
how they work in practice.

LMM

  • rubytuesday
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09 Mar 16 #475297 by rubytuesday
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Hello Pookey, welcome to Wikivorce.

Mediation is avaible to those who lived together but weren''t married - it''s not just for those who were married. I would suggest you still try to make the appointment next week if you can - it''s much better to try to resolve the issues in mediation than it is to get caught up in the court process.

Although the house is is in his name, it may be possible for you to make an application for Financial provision for your child under Schedule 1 Children Act 1989 in the form of periodic payments, lump sums or settlement or transfer of property to provide a home for the children throughout their dependency - ie until she is either 18 or 21.

When a claim is successful the property (or interest in the property) is usually held on trust for the benefit of the child so when the child reaches independence the property (or interest) will revert to the person against whom the order was made.

It would be advisable for you to seek the appropriate legal advice on your situation before mediation so that the mediation sessions can be more constructive.

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