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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My Husband and I have been married for 4 years, we both own

Resolved Question:

My Husband and I have been married for 4 years, we both own property individually, however, my husband had a daughter (now 17) with his ex-partner (un-married) and both his ex-partner and daughter still reside in his property. The mortgage is in my husbands name only and we do not take any rental income from his ex-partner as we have continued to pay the mortgage rather than maintainance............if we were to sell the property what would the ex-partner's legal position be regarding a financial settlement.
Submitted: 3 years ago.
Category: Family Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that your husband and his ex partner were never married please?

Joshua :

Are there any court orders or CSA agreements in place regarding maintenance?

Customer:

My husband and ex partner were never married and there are no court orders or CSA agreements in place regarding maintenance.

Joshua :

Thank you. Did his ex put any capital of any kind into the property?

Customer:

No

Joshua :

Thanks.

Joshua :

The starting point based on what you say is that his ex will not be entitled to any share of the property and but for their child would have to move out. However because they have a child together in the event that your husband were to ask her to leave she could apply to the court for an order schedule 1 of the Childrens Act for maintenance until their daughter reaches 18 or leaves full time education, whichever is the later.

Joshua :

Maintenance could include but would not be guaranteed to include a right to continue to live in the property

Joshua :

Once their daughter reaches the age of 18 she can no longer apply under the Childrens Act but his daughter still could in her own right if she intends to go on to further education but this would be for financial support for her further education.

Joshua :

Accordingly as their daughter is almost 18 if your husband wants the property back, he may give consideration to serving notice on his ex after his daughter reaches 18 that he requires possession of the property back after his daughter leaves full time education and assuming he knows when this will be, naming the date he requires possession at some point after that.

Customer:

OK Joshua thank you very much for your advice.

Joshua :

A pleasure. If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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