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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33283
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 currently live with my partner and her 2 children of ages

Customer Question

I currently live with my partner and her 2 children of ages 16 and 22. We live in the property which is owned by my partner and her x partner who is the childrens father. He left them and the property about 5 years ago to run off with someone he met on the internet. He has not paid anything towards the children and has left many bills in his name. We are now in a position where we need to look at how to proceed with buying his share of the property. Over the last 5 years we have spent money doing the property up adding value but I have been led to believe that when we re value the property to make him an offer that he is entitled to half the value. I am looking at advice on how to proceed. He is currenly living in America, and my plan is to get the house valued and then make him an offer. As we are worried he will just turn up and demand to put the property on the market as he has nothing to do with his children. How should we proceed?
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?
How much has the worked increased the value?
Clare
Customer: replied 2 years ago.


The mortgage is paid off in full, the house is existingly worth approx. £140,000 but was valued at £110,000 before any of the improvements we made. The youngest child is still in full time education just about to go into 6th form. We will take out a new mortgage to buy his half of the house when we decide how to proceed. I juat wanted to know where we stand before I discuss anything with him. From our point there is no imminent rush to buy it other than we don't want to spend much on the house until it is all settled. My partner seems to think that since he has not supported his children in any way since leaving that he is not entitled to half, but I think differently.

Expert:  Clare replied 2 years ago.
Hi
How was the mortgage paid off?
Clare
Customer: replied 2 years ago.


Hi Clare thanks for your help, I got it slightly wrong I presumed my partner and her x had taken a mortgage but I have just spoke to her and they bought the house outright and received some European grant money to help renovate the house as it was it a very bad state. Hope this is helpful


 


regards


 


Nick

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

their shared savings. My partner Liz has worked and her x used to work on and off also. The house deeds are in their Joint name

Expert:  Clare replied 2 years ago.
Hi
You are correct - her ex retains his interest in the property and the starting point is that he receives 50% of the equity.
However since there have been improvements that have enhanced the value which he has not paid for then credit can be claimed for that work.
I am afraid that the fact that he has not paid child maintenance is not relevant
On the plus side is the fact that her ex cannot force a sale until the youngest child is 18
I hope that this is of assistance - please ask if you need further details
Clare

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