Children are the key

Q. What are the legal rights of a woman where a couple have lived together as married, have two small children and a baby due quite soon, the man owns the home and he now wants the woman out of his house? Is she entitled to anything, or just maintenance for the children?

A. If the woman is looking after the children she could hope to be allowed to remain in the house with the children until the youngest reaches 18, or even have the property transferred into her name until then. She will not be entitled to maintenance for herself because she wasn't married, but the children can be provided for via the Child Support Agency in the absence of a voluntary agreement.

Sole provider

Q. I bought a flat with my partner in 1998. He left four years ago, and hasn't contributed to the mortgage since. I have been struggling to bring up our two small children alone, but I cannot remortgage the property while he is a joint owner. He agreed to transfer the flat to me for £3,000, but each time it comes to his signature he tells me and my solicitors that he has changed his mind. What can be done?

A. The court has the power to sign the papers on his behalf if necessary. Since your ex-partner's behaviour necessitates your court application you may be able to apply for costs against him, or argue that he should receive less or nothing. Because you are looking after the children you are in a fairly strong position.

Not a gentleman

Q. We lent our daughter and her partner £2,500 towards buying a house. There was nothing in writing, but they agreed to pay us back if they ever sold up. My daughter unwisely moved out with her son, and the house has now been sold and the proceeds divided equally. She has repaid her share of the loan, but he won't repay his.

A. Your daughter should have seen a solicitor specialising in family matters with a view to receiving more of the equity from the sale of the house for her child's benefit. She could even have applied to remain in the property until her son reached 18.

As things stand I'm afraid you won't see his share of the loan again. Unless there was something in writing a court would almost certainly regard your £2,500 as a gift to your daughter.

Will Giles is a partner and head of the family department at Nash & Co Solicitors LLP, Beaumont House, Beaumont Park, Plymouth. Tel 01752 664444 or email law@nash.co.uk Website: www.nash.co.uk If you have a legal problem, write to You and the Law, Room 101, Western Morning News, Brest Road, Derriford Business Park, Plymouth, Devon PL6 5AA, or leave your query on our Legal Adviceline 0117 964 4794.