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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
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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Hello, I split with my girlfriend of twenty years..4 years

Resolved Question:

Hello,
I split with my girlfriend of twenty years..4 years ago. We have an 11 yr old daughter,the house I was forced to leave was fully paid for by me but has her name on the deeds. She changed the locks on property to stop me gaining entry,she gave me select items from my property,she said she would give me the other items as and when she saw fit to do so. When I had to collect a specific item from the house she threatened to kick me down the stairs. Despite having a court order for access to my daughter,I no longer see her and on the odd occasion where i have seen her it has always been away from the house as my ex doesn't want me near the house. Recently she has asked for money to make repairs to my house which I refused as she lives there rent and mortgage free and I had to take out another mortgage to buy and maintain my new home. I am concerned that she is trying to take possesion of the house completely and my possesions within on some pretext of abandonment,is this a possibility and if so what can I do to stop this from happening. I have seen more than one solicitor about getting the house sold and to resolve the matter but have been told I can't force a sale as my daughter lives there and until she reaches 16 I cant do anything about it without my ex's agreement.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Did you protect the investment in the property with a Declaration of Trust?
Clare
Customer: replied 3 years ago.

No I did not

Expert:  Clare replied 3 years ago.
Hi
What evidence do you have that the house was paid for by you?
Clare
Customer: replied 3 years ago.

I have a bank statement from the time of paying the mortgage off in full from the proceeds of my fathers inheritance..the deeds to ownership of the house are in both our names..only because I decided to put her name on them,even though she didn't pay anything towards the property at any point.

Customer: replied 3 years ago.

Hello clare..wondered how it is going?..thanks

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much would a cheaper two bedroom property in the same general area cost to buy?
Clare
Customer: replied 3 years ago.

I have beendown this road already Clare..does she not need to agree if i put this one to her ?..sorry house is worth about 120000..and their are cheaper ones yes

Expert:  Clare replied 3 years ago.
HI
How much cheaper?
Clare
Customer: replied 3 years ago.

ill check tomorrow and let you know..but do i have a problem with the chance she may say i have abandoned the property i am proper worried..thanks for your help

Customer: replied 3 years ago.

there are properties between 69-79,000 in the immediate area so thirty to fourty thousand cheaper

Expert:  Clare replied 3 years ago.
Hi
No you will not be seen as having abandoned the property - although I dare say she will indeed try and argue that.
You are under a duty to help house the child until the child is 18 - but it does not have to be in THAT house - and if you can prove that the house could be sold, a cheaper house in the same school catchment area purchased and money released to you the the court IS likely to order the sale
The decision you will have to make is whether to use the bribe that she can have the £80,000 outright (£20,000 more than her share) if she agrees - thus saving you time and a court application or hold out to have a small charge over her new property
The starting point is to try and negotiate the matter using Family mediation (www.familymediationhelpline.co.uk)
It is worth paying half of any essential structural repairs a sit is evidence of her acknowledging your ongoing interest in the property and I have also assumed that you are paying child maintenance
Please ask if you need further details
Clare
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