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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34271
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 2 children with my partner. we all live together in

Resolved Question:

I have 2 children with my partner. we all live together in my partners house. I pay for my children's out of school activities and school trips, their clothing etc. I have funded this from savings but now running into debt so will need to find part time work very soon. I previously worked part time until almost 2 years ago now as work was too much pressure in a customer service environment, i was having panic attacks and suffering from stress i decided to leave work. so my situation now is that my relationship is breaking down and i am trying to manage. i recently had discussions of ending our relationship but are trying to work at it at the moment. i need to know where I stand legally with my children and how i can afford to live if he moves out, it came to light that he bought another house to move into incase we broke up. he already owns another bungalow which he rents out. i need to add i own a flat which i rent out. from my understanding my partner would need to provide a home for my children and me until they are 18?? also what would he need to pay us as i am worried how i pay the gas electric and water and council tax, does he have to provide a percentage of his salary, is this decided from his p60?
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 old are the children and how much are all the various properties worth.
lease confirm that you are not married and what income your ex has
Clare
Customer: replied 3 years ago.
Hello
Our children are 5 and 7

Properties collectively are
My partner £210000 + £21000 current home we love in £280000

My flat £125000

We are not married

My partners p60 for 2013 pre tax was £42622

I hope this helps I has estimated values of properties.
Regards
Simone

Expert:  Clare replied 3 years ago.
Hi Simone
Are there any mortgages on these properties?
Could you and the children fit in the flat if necessary?
If not how much would you need for a cheaper three bedroom property in the same school area?
Clare
Customer: replied 3 years ago.
Mortgages on all properties, my flat is in Brighton and we live in burgess hill, the flat is one bed with lounge kitchen and very small so not appropriate. to live in. There would be scope to put a bedroom in the loft but I can't see I could afford a car if separated as a drive away to school and no parking at flat. I do not work and the mortgage there is just paid by tenants I have only an interest free mortgage of £82000. I do not know what my partners mortgage situation is but rents to cover mortgages. I am not privy to any of his finances, we keep finances separate. We currently live in a 3 bed property so similar value to our own home for another 3 bedroom property.
Thank you
Simone
Expert:  Clare replied 3 years ago.
Hi
Do you know how much tis outstanding on the mortgage on the property you live in?
Clare
Customer: replied 3 years ago.
I replied to you previously as I do not know how my his outstanding, please can you reply with an answer to my question in that how will I stand financially should I split up with my partner, I am unsure why there has been no response since Friday. Please get back to me with an Answer asap today please. Thank you
Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Once you split up your partner will have to pay child maintenance
This will be be 16% of his GROSS income form all sources at most - less if he has the children overnight more than 52 nights a year.
The position with regard to the housing is less clear cut given that you already own a property.
What is clear from what you have said is that you have made no financial contribution to the property that you live in which means that you have no financial claim upon it.
Your partner IS under a duty to help you house the children until they are 18 - but you are also expected to do all that you can to maximise your ability to house them.
Accordingly your partner could argue that you should sell your flat and use that to go towards a new property - or to "buy into" the current property to ease the financial burden up on him
Having said that it seems more likely that he will simply allow you to remain in the current home until the youngest is 18 at which point you will have to leave
These are all areas which you need to negotiate with him using Family Mediation (www,.amilymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
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