Not all unmarried fathers have automatic joint parental responsibility. They may need to take legal steps to obtain that so as to have a say in their child’s upbringing. In relation to finances many countries have laws regulating division of an unmarried couple’s property but not England. Instead there is a complex set of rules deriving from case–law.
If property is in one partner’s sole name, even though both put money in, the Courts may decide there was an agreement to share ownership. This can be through an express or an implied trust or contract. The rules are technical and the outcome often depends on small points of detail.
Co-Habitation - Scenario Analysis Example #1
Mr R separated from his partner of 10 years with whom he had a five year old son. Their apartment was in her name. This came about because he was working abroad when they began their relationship. He paid half the purchase price into his partner’s account and she completed the purchase paying the other half. Now she had the property up for sale.
We took detailed instructions and put a block on the title. We then located the evidence to prove his claim. He offered to buy out his partner but she then insisted the apartment was worth more than the price she had been offering it for sale. We issued an application following which the property was professionally valued and Mr R bought the remaining half share. She then refused to let Mr R see their son. We obtained a declaration of parental responsibility and visiting rights for Mr R.
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