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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
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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My ex-partner remains in a house we bought together with our

Resolved Question:

My ex-partner remains in a house we bought together with our 3 children. I initially paid for both the mortgage when I left and child maintenance until my then solicitor told me to choose paying one or the other but not both. I chose to pay the maintenance. 12 years on she has 2 more children for another man and wants to remove my name from the house deeds. Her solicitor has contacted me to ask for permission to remove it and I have responded by email to refuse. I cant afford legal fees to get a formal letter written. Can I represent myself and how would I respond?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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.
Were you married, and how old are your children now?
Clare
Customer: replied 2 years ago.

Hello,


No, we was not married.


My children are Callum 17, Chloe 15 and Isaac 12

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
clare
Customer: replied 2 years ago.

Hello


The house is probably worth £80-£90000, maybe less with the current state of it. I am not sure how much is outstanding, i would hazard a guess of around £40000


 


Thanks


 


Paul

Expert:  Clare replied 2 years ago.
Hi
Was any agreement signed regarding the house when you separated?
Clare
Customer: replied 2 years ago.

Hi Clare


I did not sign no agreement when we separated. I had advice from a family solicitor regarding me paying the mortgage or paying money for the three children. At the time i asked her (partner at the time) which she wanted and she said money for the children.


Thanks


 


Paul

Expert:  Clare replied 2 years ago.
Hi
When you purchased the property was any agreement made about how the sale proceeds would be divided between you?
Does her partner work?
Clare
Customer: replied 2 years ago.

Hello


I cant remember any agreement about the sale of the property.


Yes i think both of them work. The partner of my ex works part time and at college. And my ex partner works part time in a private nursery, but at the moment she is currently on maternity leave.


Thanks


Paul

Expert:  Clare replied 2 years ago.
Hi
You remain a joint owner of the property and entitled to 50% of the equity when the property is eventually sold
This assumes that there was never any agreement stating otherwise
If they wish to transfer the house into their joint names then they must expect to make a payment to you - it could be less than 50% of the equity given that you would not be able to force a sale until your youngest child is 18
You should write to her solicitor suggesting that you use family mediation (www.familymediationhelpline.co.uk) to reach an agreed figure
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33514
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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