How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33815
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

I have recently seperated from my partner and he has moved

Resolved Question:

I have recently seperated from my partner ( we are not married) and he has moved out of the house we bought together. I have 3 children under 7 and want to remain in the house and I have taken on all of the costs of running the house ie Mortgage, utilities, council tax etc. my ex partner is paying child support of £100 per week. He wants to be taken off the mortgage but the bank won't allow me to talke the mortgage on my own and so he can't be removed. He is putting me under loads of pressure to sell which I refused but to stop him constantly harassing me I agreed that I would sell the house when our youngest child reaches the age of 9 ( In 8 years time). Even though he is no longer contributing to the mortgage or the upkeep he wants to still have half of any profit in 8 years time but I think he should only have his share based on the value when he stopped paying ( + the relevant increase or decrease that share would make over 8 years) Im trying to be reasonable beause i understand that he wants to be able to get a new mortgage but i cant make the bank release him and i dont think its fair that i should pay all of the mortgage for the next 8 Years and still hand over half of the net equity? Would I be better off going to court rather than trying to keep funding new solutions every time he changes his mind or woud they make me sell?? We borrowed £12,000 of the original deposit from my father who my ex has agreed should be repaid and my ex also put in £10,000 from an inheritance which I am happy for him to be repaid. What equation would a court use? I may still not be in a position to get a mortgage when my youngest child is 9 yet by agreeing to his 8 year deadline i could be making myself and our children homeless when I am forced to sell! I want to maintain as much consistency and security for my children as possible so have continued to use my family and his parents in exactly the same way as when we were together to provide child care in order for me to work and pay the bills so we can remain in our home.


 


Copy of letter from me to Paul Stevenson (ex partner) has been uploaded and his recent reply. 


 


 


 

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?
is it a repayment or an endowment mortgage?
How much does your ex earn?
Clare
Customer: replied 2 years ago.
Repayment mortgage
House recently valued at 195-200,000
Mortgage outstanding £142,500
Ex is self employed but claims to earn £24,000

All of this information is on the letters I uploaded have you seen them?
Expert:  Clare replied 2 years ago.
Hi
Unfortunately I cannot see the letters
However under Schedule 1 of the Children Act your ex is under a duty to help you house the children until they are 18 or you cohabit.
On that basis your ex cannot force you to sell as if he tries you can apply for a Court Order to prevent it.
More complicated is what should happen when the house is eventually sold.
Since he will be prejudiced in terms of finding an alternative property, and he is paying Child Maintenance on one level it would be fair for him to retain his 50% of the equity
However you can ask for account to be taken of any increase in the value caused by any work that you pay for - and for any capital paid off the mortgage to be credited to you as well
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
If he wants to retain a 50% share should I be insisting that he waits until our youngest child is18?
I was prepared to agree to staying in the house for 8 years if he took a share based on the current value but that might make me homeless.
Your answer would indicate that he must wait is that correct?

What would a court say if he insists on going that far ?
Expert:  Clare replied 2 years ago.
Hi
If he applies to the court for an Order for sale then you can apply for an Order under Schedule 1 of the Children Act allowing you to stay and base don the current facts you will win
So yes is he wants to keep his 50% share then he has to wait - If he wants money before then then he will have to accept a discount!
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33815
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    160
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4598
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.com/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1064
    Family Law - Specialist in Divorce, Financial Relief and Children Matters