Helen Flanagan’s ex-fiancé, Scott Sinclair, is reportedly asking her to leave their six-bedroom home, which is in his name. Although they split in 2022 after 13 years and share three children, Helen wishes to stay for her kids’ schooling and proximity to her parents. Sources claim Scott believes the house is too large for Helen alone and has offered to buy her a four-bedroom home and put it in her name if maintenance payments stop. Their communication now goes through relatives, and their relationship is said to be non-existent. Over Christmas, Helen publicly criticized Scott for missing their son’s nativity, while he attended the Abu Dhabi Grand Prix. Reports suggest Helen is ready to move on and hopes to find a trustworthy partner who values her children as much as she does.
If Z>UK DIVORCE was acting for Helen, this is the advice we’d give her:
[1] Key point: you are not married (and “common law marriage” does not apply)
Since you and Scott are neither married nor in a civil partnership, you do not have access to the same financial claims that divorcing spouses do under the Matrimonial Causes Act 1973 (such as rights to spousal maintenance, capital division, pension sharing, or broad discretionary “fairness” awards).
Your entitlements mainly fall into two areas:
Children’s claims (primarily under the Children Act 1989, Schedule 1).
Property/ownership and trust-based claims (for instance, under the Trusts of Land and Appointment of Trustees Act 1996 – “TOLATA”).
Both types of claims can be pursued together but are legally different, with distinct court powers depending on the chosen route.
[2] The home: £1 million property in Scott’s sole name.
2.1 What this means legally
The legal owner is whoever is listed as the registered proprietor. Since you aren’t married, cohabitation or parenting doesn’t grant you automatic rights to the property. Any share you might claim depends on showing you hold a beneficial interest through trust principles.
2.2 Potential beneficial interest (TOLATA / trust claim)
Such a claim may exist if:
- There was a common intention (expressed or implied by actions) that you would share in ownership; and/or
- You acted to your detriment based on this understanding—this might involve making significant contributions towards the purchase, mortgage, renovations, or any action the court finds sufficiently tied to an ownership arrangement.
The court can decide:
- Whether you have a beneficial interest;
- The amount of any interest; and
- If the property should be sold and how to divide proceeds.
Important practical point:
Routine household spending (food, utilities, daily costs) doesn’t automatically result in a beneficial interest, but overall patterns of conduct may be relevant. Strong evidence is essential.
2.3 Immediate protective steps: restrictions and safeguarding your position
If there’s risk that Scott could sell, remortgage, or otherwise act regarding the property, protective steps (including possible entries at HM Land Registry based on your claim and evidence) might be needed. These issues will be addressed urgently once your documents and instructions are reviewed.
[3] Financial provision for the children (Schedule 1 Children Act 1989)
Irrespective of who owns the property, the court can order support to meet the children’s financial needs. For unmarried parents, Schedule 1 is frequently used to seek:
3.1 Child maintenance
Basic child maintenance is typically managed by the Child Maintenance Service (“CMS”), which calculates payments based on Scott’s gross income and care arrangements. For high incomes Court “top up” orders (usually where income exceeds CMS caps or when specific expenses arise) can apply.
3.2 Housing provision for you and the children
The court can order housing to be secured for the children, which may include:
- Settlement of property for the children’s benefit (e.g., allowing you and them to live in it until a pre-set event – usually when the youngest child reaches the age of 18);
- Lump sums for housing-related costs (like deposits or fees) and certain capital needs.
Housing provided under Schedule 1 generally serves the children’s benefit, and the underlying capital often reverts to the paying parent after a trigger event (commonly when the youngest child turns 18 or leaves full-time school, but specifics depend on court orders).
3.3 School fees and other specific expenses
The court may require payment for:
- School fees (plus extras), uniforms, clubs;
- Childcare;
- Medical/dental insurance and expenses;
- Other child-related costs according to needs and the payer’s resources.
3.4 Your own maintenance
Unlike divorce, you are not normally entitled to ongoing adult maintenance just because of the relationship. However, Schedule 1 can indirectly support the primary carer through targeted provisions linked to the children’s needs (for example, via housing or lump sums). The focus is always on the children’s welfare and requirements.
[4] Occupation and safety in the home (living arrangements pending resolution)
After separation, immediate living arrangements often become urgent.
4.1 Rights of occupation
Your right to remain depends on ownership status and specific circumstances. If no agreement can be reached, short-term protective court orders (regulating occupation, particularly for welfare/safety) are available where appropriate. Suitability depends on the facts and evidence.
[5] Parental responsibility and arrangements for the children
Financial/property matters are separate from child arrangements, but often occur together.
If Scott is listed on the children’s birth certificates (post-1 December 2003 in England and Wales), he likely has parental responsibility. If you cannot agree on living or contact arrangements, you may apply for Child Arrangements Orders and related orders.
The main priority for the court is the children’s welfare.
[6] Evidence and information needed from you
To provide accurate advice and take effective action, collect these documents (if available):
6.1 Property and finances
- Title register and title plan for the property
- Any documents on purchase, mortgage, re-mortgage, conveyancing
- Proof of your contributions (bank statements, transfer records, renovation invoices, mortgage/insurance payments, builder contracts)
- Written communications (emails/texts/WhatsApps) from Scott referring to shared ownership, security for you, or similar assurances
6.2 Children’s needs and costs
- A schedule of the children’s monthly expenses (school, clubs, childcare, healthcare)
- Details about their schooling (current/prospective), fees, and extras
- Information on special educational/medical needs (as applicable)
6.3 Your position
- Your income details (if any), earning capacity, and childcare obligations
- Any imminent housing risks (eviction, sale, re-mortgage) and timing details
[7] What outcomes are realistically achievable
Currently, your case to secure financial provision for the children (including housing, reflecting their needs and [Partner Name]’s means) is strong.
Your ability to claim a personal share of the home (outside of housing for the children) hinges on whether the evidence supports a beneficial interest under trust principles—this remains highly fact-dependent.
Long-term housing solutions for you and the children will likely be set up so that Scott retains the capital interest once certain events occur, though this is not guaranteed and depends on the broader situation.
Yours
Z>UK DIVORCE
