Introduction
Are you facing the difficult task of dividing property after a relationship ends, particularly with children involved? This guide will help you understand your rights and the legal options available to secure a home for your child. With the support of Contend’s highly trained AI legal experts, you can gain clarity and assistance in navigating these complex issues. Discover how to effectively address your concerns and ensure your children’s needs are met while you transition through this challenging time. Contend is the Easiest Legal Help in the UK, ready to support you every step of the way.
When a relationship comes to an end, it can be a challenging time, especially when it comes to figuring out what happens to your home. If you’re a parent or guardian, you might be wondering how to ensure your children’s needs are met when it comes to property. Fortunately, there are legal options available that can help secure a home for your child.
What You Need to Know About Property Orders
If you are going through a divorce or legal separation, the process for dividing your property is different than if you were just ending a relationship. In some cases, a court can order that a family home be transferred or settled in a way that benefits a child. This means that the home can be kept for the child’s use, either by a parent or guardian.
It’s important to know that you will likely need a solicitor to help you apply for a property order. If you’re unsure where to find legal assistance, you can get help finding free or affordable legal help. The Law Society also has advice on finding and working with a solicitor. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
Who Can Apply for a Property Order?
You can apply for a property order if you are a parent or guardian of a child under 18. This includes biological children as well as step-children, but it does not apply to foster children placed with you by a local authority or organization. If you are listed in a child arrangements order as someone the child lives with, you can also apply.
Types of Orders the Court Can Grant
The court has the authority to issue different types of orders that can help secure housing for a child. Here are the main types:
- Settlement of Property Order: This type of order allows one parent or civil partner to keep and use the family home until the child turns 18. After that, the court may decide to sell the home and split the proceeds, transfer ownership to the child, or return it to the original owner.
- Transfer of Property Order: This order involves transferring the property to a parent, guardian, or directly to the child. However, courts are often cautious about transferring property outright to one partner, as the primary goal is to ensure the child’s welfare.
How Does the Court Make Its Decisions?
When considering a property order, the court will look at several factors to determine what is best for the child. According to the Children Act 1989, the court must consider:
- The income and financial resources of the parents, both now and in the future.
- The financial needs and responsibilities of the parents.
- The financial needs of the child.
- Any income or resources the child may have.
- Whether the child has any disabilities.
- The educational or training opportunities available to the child.
By taking all these factors into account, the court aims to make a decision that prioritizes the child’s best interests.
Conclusion
If you are navigating the complexities of property division after a relationship ends, especially when children are involved, it’s crucial to understand the legal options available to you. Seeking help from a solicitor can guide you through the process and help ensure that your children’s needs are met. Remember, you are not alone in this, and there are resources available to support you during this challenging time. For personalized assistance, consider trying Contend’s legal expert chat for guidance tailored to your situation.
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