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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33542
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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What is the legal position regarding a house in joint names

Resolved Question:

What is the legal position regarding a house in joint names when there is a break up between partners. There are 2 children, aged 8 and 10. The 8 year old is severely autistic. Would the house have to be sold or could my daughter continue to live there with the children. The majority of the purchase price of the house was from my daughter. Thankyou for any help you can give. Barbara XXXXXX

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.
How much is the house worth and how much is outstanding on the mortgage?
What other assets and debts are there and what income do they each have?
Clare
Customer: replied 2 years ago.


I think the house is worth about £300,000 and there is £100,000 left on the mortgage.


They have no savings and have taken out a loan of £10,000.


Their joint income is roughly £20,000 - £25,000


My daughter earns£14-15,000 and her partner earns about £10,000

Expert:  Clare replied 2 years ago.
Hi
How much would a three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.


£200,000 plus.

Expert:  Clare replied 2 years ago.
Hi
Where did the original deposit come from?
Clare
Customer: replied 2 years ago.


My daughter had been left £75, 000. They had sold a cottage in Yorkshire which had been bought largely by the sale of my daughter's flat.

Customer: replied 2 years ago.


They have lived in the house for 5 years. Can I now have an answer, please?

Customer: replied 2 years ago.
Relist: Incomplete answer.
Please give me an answer to my question. I have answered every query promptly and can't understand why i am being kept waiting so long
Customer: replied 2 years ago.

Still no reply to my question. This is poor service.

Expert:  Clare replied 2 years ago.
Hi
My apologies
We are all working lawyers and sometimes this can mean having to be offline for a while.
In the event that your daughter and her ex cannot agree arrangements and the court had to be involved the priority for the court would be the safe and secure housing of the children until they are 18
If the house was sold your daughter would need almost all the proceeds of sale to rehouse the children and her ex would have to wait for his share of the equity.
On that basis if your daughter can obtain her ex's release from the mortgage there is a very good chance that she can remain in the current home until the youngest child is 18.
When the house is eventually sold she can certainly argue that she should have a much larger share of the equity to reflect her capital contribution - as well as the fact that she has had the care of the children.
A 70/30 division could be achieved
Clearly it is better if she and her ex are able to agree this rather than there being expensive court proceedings, and she should try and negotiate with him using Family mediation (www.familymediationhelpline.co.uk )
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33542
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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