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Ask Clare Your Own Question
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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I am contacting you on behalf of my Daughter. She has a son

Resolved Question:

I am contacting you on behalf of my Daughter. She has a son aged 15 who's father does not live with them. She also has a daughter aged five from a different relationship. Her son's father is married to someone else who is seeking a divorce. He and my Daughter are mortgagees on the house that She and her children live. The mortgage will be paid up in 2015 and he wants to sell the property for his share! What would be the legal position of my Daughter if this were to happen?
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?
Were they ever married?
Clare
Customer: replied 3 years ago.

I'm not sure but I believe it is an Endowment Mortgage with a further 1 or 2 years to pay.


They were never married.


 


***** *****

Expert:  Clare replied 3 years ago.
Hi
Best guess on how much the property is worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.

Hi, The property is worth around £135000.00.


I believe the repayments are about £400 a month so an estimate would be £5600.00.


 


***** *****

Expert:  Clare replied 3 years ago.
Hi
Her ex will not be able to force a sale until their joint child is 18 - but I am afraid that at that point he will be able to apply for an Order for the Sale of the Property and it is likely to be granted as he is in no way responsible for the younger child
I am sorry to give such bad news - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi Clare,


Thank you for your indulgence in this matter and I sorry for the vague replies to your questions. However, your answer so far should help my daughter.


Her former partner pays the mortgage on the property in lieu of maintenance on their son. But apart from buying some clothes for his son he contributes very little else.


My daughter gets no financial help from her Daughters' father and it appears that any future help will not be forthcoming. I am concerned that after her son's 18th she could be homeless!


Her son's father wants to sell the property now, to enable him to rent or buy a property to live in after his divorce, so your answer will, if my daughter can be persuaded not to sell her half of the property, help in delaying a forced sale.


If I could raise enough money to 'buy off' her former partner I would. However, I do not know how this could be achieved and if there are any legal difficulties in this proposal.


Regards,


 


Bill

Expert:  Clare replied 3 years ago.
Hi
How much does her ex earn (gross) and are there any other children involved?
How much is the mortgage payment
Clare
Customer: replied 3 years ago.

I am not able to determine her Ex's earnings- he is a self-employed window cleaner and employs others to work for him.


There are, I believe, two children by his wife who is divorcing him.


Again, I don't know how much the monthly payment is however, he did pay £400 per month but I understand this is more than the agreed mortgage amount.


Bill

Expert:  Clare replied 3 years ago.
Hi
I fear that it sounds as though he is paying as much as he should do
Unfortunately there is no further claim your daughter will have once the child is 18
Clare
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