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Children's Act Property Ownership

  • Mr Big
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25 Nov 19 #510551 by Mr Big
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Hi guys,

Another quick legal question. Long story short, I took the advice given and decided to rent first before getting a property with my partner. I now have £70K in life savings which I was considering in getting a property solely in my name where my daughter and partner could live in the near future if me and my partner remain on good terms. I would like to ask, under the children's act, how likely is it in the event of a break up that a judge would transfer the ownership of my property to my partner? Would it be best advised to just stick to renting altogether? Also, if I got a property to be a landlord rather than me and my family, could a judge force me to let my partner live in it rent free and evict the tenants if we broke up? Thanks for your time

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26 Nov 19 #510554 by WYSPECIAL
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Is your partner the Mother of your Daughter?

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26 Nov 19 #510555 by Mr Big
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WYSPECIAL wrote:

Is your partner the Mother of your Daughter?


Thanks for your reply. Yeah, my partner is the mother of my daughter.

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26 Nov 19 #510556 by WYSPECIAL
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They wouldn't transfer ownership to her. They may give her the right to stay there until your child was 18.

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26 Nov 19 #510558 by spinit
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Your partner could instigate the removal of your right to live there by making a false domestic violence claim against you, she won't need any evidence or for you to have been convicted.

With the advent of "coercive control" also being classified as a form of domestic violence the list of things you could be accused of doing that would result in you losing the right to live in your property is pretty extensive.

rightsofwomen.org.uk/get-information/vio...control-and-the-law/

This is my understanding and I'm also interested in this so if I'm incorrect then I would be happy to be corrected.

Better to rent for now then if your relationship breaks down you can just move out, then buy a place that she doesn't live in and as I understand it and I may be wrong so please check it but if you had one house that you lived in that she's never lived in it's not possible to legally remove your right to live in the house and make you homeless.

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28 Nov 19 #510577 by Mr Big
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Thanks for the helpful replies. Can I ask one other question please. Let's say me and my partner draw up a deed/declaration of trust with it stating percentages of who gets what on the basis as who contributed what to the property. If it states that in the event of a break up we agree to sell the property and take our respective shares of deposit and profit, will that be legally binding? Or could my partner still make a claim to get the children's act enforced? Also is there any way a deed/declaration of trust can be thrown out by a judge and I lose my share in the property?

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28 Nov 19 #510581 by WYSPECIAL
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Mr Big wrote:

Or could my partner still make a claim to get the children's act enforced? Also is there any way a deed/declaration of trust can be thrown out by a judge and I lose my share in the property?


Yes they could still make a claim and possibly be allowed to remain there until your child is 18 so it could mean a long wait until you could realise your share.

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