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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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 there,I was with my partner for 5 years. We lived together

Resolved Question:

Hello there,
I was with my partner for 5 years. We lived together in his house, which became the family home once our daughter was born.He insisted i give up my career to be a stay at home mother. However, although i contributed to the mortgage nothing was ever in my name, or on paper. He forced us out of the house when my daughter was 11 months old and i've been struggling. I'm renting on benefits but i really want my self esteem back and to work. He has given me a small sum of maintenance but again, nothing on paper (he's self employed). He is living a wonderful care free life in our former home, whilst i struggle to raise our daughter.
Do i have any rights regarding our former home?
Many thanks
Amanda, Bristol
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.
How much is the house worth and how much is outstanding on the mortgage?
What other assets does he have?
Clare
Customer: replied 3 years ago.

Hi Clare,


 


The house is worth £250,000. Mortgage is nearly paid off ( within 5 years he says but all financial side has been controlled by him) but not sure how much yet to pay. He owns his own business, is about to take delivery of a new mercedes van , has a collection of rare minerals and fossils.


I haven't gone down the csa route as he is self employed and can easily hide his income.


 


We were engaged but never got round to marrying.


 


I just want a chance to get back the life i had , as it has changed beyond all recognition in terms of choices and finance and accommodation. For him nothing has changed, he still has the comfortable carefree life he always had.

Expert:  Clare replied 3 years ago.
Hi
How much would a two bedroom property cost to buy?
Clare
Customer: replied 3 years ago.

In this area, £230,000-£250,000. Further out, £149,000-£169,000.

Expert:  Clare replied 3 years ago.
Hi
How old is the child now?
Clare
Customer: replied 3 years ago.

Daughter is 2 and a half


 

Expert:  Clare replied 3 years ago.
Hi
What contribution did you make to the mortgage and did he ever promise that the house would be yours as well?
clare
Customer: replied 3 years ago.

£200 a month. Not as in put my name on the deeds, but yes as in this is our home together to start our family.


I'm aware that i had the right to live at the property until my daughter left school, is this still the case?

Expert:  Clare replied 3 years ago.
Hi
Sadly it is clear that you would not be able to show that you personally have a financial claim on his property
However under Schedule 1 of the Children Act he has a duty to help you house the child until the child is 18.
Had you not already left the property this could have been used to keep you there - but too much time has passed to make it feasible to use it as a way of returning there
HOWEVER if you could find a Shared Home Ownership scheme which would allow you to purchase a property with a lump sum then you could use Schedule 1 of the Children Act to apply for that amount- HOWEVER again you need to be aware that that money would be repayable when your daughter is 18.
Before doing this however please get you claim into the CMS (new CSA) so they can complete an assessment on his GROSS income from all sources and set up a proper maintenance payment
I hope that this is of assistance - please ask if you need further details
Clare
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