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  1. #1
    Join Date
    Jan 2012
    Posts
    1

    What are her rights?

    My daughter has 2 children both under the age of 3. At 26 she thought she was settled and lived with her partner in a 3 bedroom terraced house that he had bought but needed doing work.
    After years of ploughing money into the home and making it what they wanted her partner decided one day that he wanted to rent it out. His logic for this was that his Grandmother had died and here home was now vacant and it was a large 4 bedroom. Financially he said they would be better off as he could rent their home and live rent free at his grandmothers as it was left to his mother.
    Within 2 days he had moved them out and into his grandmothers house. A month later he moved back home with his mother and told my daughter that she had to claim housing benefit and pay his mother along with the rest of the household bills.
    Of course this has created a lot of arguments and he refuses to support his children which has now put my daughter in financial hardship.
    Now his mother has told her that she has put the house on the market and she needs to move. Her partner won't let her move back into what was their home and told her to either rent privatley and borrow the money from me or go into a hostel.
    Does anybody actually know what her rights would be in regards to to providing housing for the children especially when her partner has a house that is rented?

  2. #2
    Join Date
    Mar 2005
    Location
    The Cloud of Unknowing
    Posts
    17,425

    Re: What are her rights?

    Hmm, a lot would depend on whose name it was in. And who signed the various contracts, I would imagine. Then there is the matter of legal status (married, cohabiting, common law marriage; even if his money was used to buy the property, that does not mean she has no claim to it by default, even if she is a stay-at-home mom), which will undoubtedly impact severely on the legalities. I can't really help you there. First impression is that no matter what the legal status of her and her partner, she has a very strong case.

    I would suggest she gets in touch with a lawyer as soon as possible. The legalities differ from state to state, with regards the things she can do and cannot do.

    To me it sounds like a very unclassy way of severing ties on her partner's part; to ask rent of the mother of your two children is insane. Naturally that gives rise to a lot of friction.

    The big question in this situation is, does your daughter want to continue the relationship or does she feel it is better to go separate ways from her partner?

    In this situation that may be necessary to go separate ways, because if he insists that she does not live with the father of her children, she should insist on child support and alimony (depending on her state). And guess who would be paying that? Yup, the cheap miser.
    The butterfly counts not months but moments, and has time enough. - Rabindranath Tagore

    Keep true to the dreams of your youth. - Friedrich Schiller

    The only philosophy which can be responsibly practised in face of despair is the attempt to contemplate all things as they would present themselves from the standpoint of redemption. - Theodor Adorno

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