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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I HAVE SPLIT UP FROM MY PARTNER AND HAVE 2 CHILDREN AGED 4

Customer Question

I HAVE SPLIT UP FROM MY PARTNER AND HAVE 2 CHILDREN AGED 4 AND 2 . THEY ARE LIVING IN THE HOUSE WHICH IS IN BOTH OUR NAMES. I WANT TO SELL THE HOUSE TO GET BACK MY MONEY INVESTED IN IT AND SO I CAN GET MY OWN PLACE . WHAT ARE MY RIGHTS?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Clare :

Hi

Clare :

Thank you for your question

Clare :

My name is Clare

Clare :

I shall do my best to help you but I need some further information first

Clare :

How much is the property worth and how much is outstanding on the mortgage?

Customer: replied 3 years ago.

The property is worth around 250k there is about 165k left to pay.

Expert:  Clare replied 3 years ago.
Hi
How much does a cheaper two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

Around 180K

Expert:  Clare replied 3 years ago.
Hi
What mortgage capacity does your ex have - or is she cohabiting again?
Clare
Customer: replied 3 years ago.

She wouldnt be able to afford a mortgage on her own. she isnt cohabiting at the moment .

Expert:  Clare replied 3 years ago.
Hi Adam
is she paying the mortgage?
Clare
Customer: replied 3 years ago.

we pay half each for the mortgage and all bills - ive moved out in april but ive carried on paying.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you are still paying any of the bills on a property that you do not live in?
Do you also pay child maintenance?
Clare
Customer: replied 3 years ago.

Because my name is XXXXX XXXXX mortgage and my ex cant afford to pay it on her own. when we split up in April last year i said i would giver her a year then we would have to sell the property but now she has seen a solicitor and apparently because of the children she is entitled to stay there and i have to carry on paying the mortgage. No i dont pay child maintenance i pay £600 a month towards the mortgage and bills .

Expert:  Clare replied 3 years ago.
Hi
How much do you earn gross per annum?
Clare
Customer: replied 3 years ago.

24k

Expert:  Clare replied 3 years ago.
Hi
it is a good news/bad news situation
Whilst you could apply to the court using Property Law to try and force a sale of the property, the fact is that your ex can indeed apply to the court using Schedule 1 of the Children Act for the right to remain in the property until your child is 18 - or your ex cohabits - and that application is likely to be successful
HOWEVER you will not have to pay half of the mortgage or the bills - just your child maintenance
It is of course entirely possible that in those circumstances she will not wish to stay there - so I would try and take a relaxed approach about it and say that in that case you will stop paying the Bills as of April and will start paying child maintenance instead
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi , would it affect my rights as homeowner if i was to stop paying the mortgage/bills and she was to carry on living there?

Expert:  Clare replied 3 years ago.
Hi
No not at all
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.


thanks for your help .

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare