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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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 have separated from my girlfriend of 10 years, we lived together

Resolved Question:

I have separated from my girlfriend of 10 years, we lived together for 4 years and took out a joint mortgage 6 months ago. we have an 18 month old together. I am paying CSA but still also the mortgage. I would like to put the house on the market and split the equity so she has a good chunk of money but my ex doesn't want to and says I have no legal right to force a sale.
have I got a legal right or do I have to pay her mortgage for the next 14-16 years, then not be able to get a mortgage with my new partner?
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 does a two bedroom property in the same general area cost to buy?
What mortgage capacity does your ex have?
Ckare
Customer: replied 2 years ago.
Mortgage is £94,000, current house worth is £130,000 it's a 3 bed semi detached house with front and rear garden and a 2 car driveway. I renovated the whole house new flooring and carpets throughout, all walls plastered. New bathroom and kitchen and new boiler. I spent every penny of my own money on this and can prove it via bank statements.
Expert:  Clare replied 2 years ago.
Hi
Why are you still paying the mortgage as well as Child Maintenance?
Clare
Customer: replied 2 years ago.
Csa options say they don't get involved with it, my ex won't pay the full mortgage and I don't want her defaulting to affect me. Have I got the legal right to stop and force the sale of the house. I will of course split the equity evenly but she refuses to let me saying I can't.
Expert:  Clare replied 2 years ago.
Hi
It is a good news bad news situation.
The bad news is that you have a duty under Schedule 1 of the Children Act to help her house the child until the child is 18.
On that basis if you try to apply to the court for an Order for the Sale of the property (as you are entitled to do) then she can apply to the Court for an Order allowing her to remain until the child is 18.
The Good news is - she would have to pay the mortgage in full from her Child Maintenance and other income.
I suggest that you offer to discuss matters with her using Family mediation (www.familymediationhelpline.co.uk) and ask how she wishes to resolve the matter - pay the mortgage or sell the house!
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33946
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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