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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34234
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 left my ex-partner 6 years ago and have been paying the mortgage,

Resolved Question:

I left my ex-partner 6 years ago and have been paying the mortgage, the CSA, and kids expenses ever since. All in all about £42k. The kids are now 21 & 16 and I want to sell the house which is in both of our names. I expect her to resist the sell. Do I need a solicitor?
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.
Who owns the property. how much is it worth and how much is outstanding on the mortgage?
Were you married?
Why are you still paying the mortgage as well as Child Maintenance?
Clare
Customer: replied 3 years ago.

Hi - thanks for coming back.

The property is in joint names - me and my ex.

It is worth £200k and has £120k outstanding.

No we were not married.

Since becoming self-employed in March 2012 I have paid minimal CSA.

I agreed to pay my ex £782 per month in January 2013 which covers:-

Mortgage - £320 per month

Charlotte University - £200 per month

Charlotte Mobile – Included in above

Phoebe Mobile - £20 per month

Phoebe School Bus / Petrol - £72 per month

Phoebe Shoes / Clothes - £50 per month

Phoebe Pocket Money - £40 per month

Phoebes Counselling - £80 per month

Total - £782 per month

This payment was 'agreed' in order to resolve my ex's money problems and her inability to look after Phoebe (who is now 16 and left school this month)

hope that helps

regards

Richard

Expert:  Clare replied 3 years ago.
Hi
What is your daughter doing now she has left school?
Clare
Customer: replied 3 years ago.

Hi - Phoebe has been looking at either starting work or college - not sure what the decision is yet - I'm normally last to know :-/

Regards

Richard

Expert:  Clare replied 3 years ago.
Hi
How much does a two bedroom in a cheaper area cost to buy?
What mortgage capacity does your ex have?
Clare
Customer: replied 3 years ago.

Hi

didnt expect that question - there are flats from £100k upwards in east bristol. i dont think she has any capacity but does have a bf with a small property in wiltshire which is 60miles away. in my opinion she can rent though, the same as me.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you are still paying the mortgage (as well as everything else)
when you do not have to do so
Clare
Customer: replied 3 years ago.

Some would say I'm kind some would say I'm a mug. My ex and both children used to complain incessantly about how tight I was because CSA couldn't wring out £100's from me every month so i itemised everything I was paying at the time, wrote the ex a letter, and said "here you go - you look after it". Havent heard any complaints since - not heard anything at all actually!

regards

Richard

Expert:  Clare replied 3 years ago.
Hi
Under Schedule 1 of the Children Act you are under a duty to help house the children until they are 18 - and accordingly it will be difficult to force a sale of the property until your youngest is 18
Once your daughter has turned 18 then you can apply to the court for an Order for the Sale of the property - although they are not the simplest of applications you are entitled to deal with it yourself if you wish
You are being very generous financially - you do not have to be - and could pay your eldest direct
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi thanks for info.

Does the Children's Act still apply if my 16yo starts a full-time job?

Regards

Richard

Expert:  Clare replied 3 years ago.
Hi
In terms of housing needs yes
Clare
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