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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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Hi, I am writing on behalf of a friend. Her, her partner and

Customer Question

Hi, I am writing on behalf of a friend. Her, her partner and their 2 children have been renting the family home were they live for 2 years and 9 months. they were told by the landlord that he wanted to sell the house that they rent and he agreed to sell it to them. Her partner had always paid the rent as his financial contribution to the family, and she then pays for everything else- food, all the childrens things, etc.
Her partner recently moved out after a breakdown in their relationship.They had been together for 9 years had 2 children, and got married last year. He has agreed to give her £100 a month contribution for the children but is now trying to buy the house over her head with his cousin. My friend is also trying to get a mortgage together, but her ex is financially in a much better position to buy.
Please can you let me know if I she has any rights in this situation, or can he buy her home and throw her out.
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 old are the children and how much is the property worth?
How much did they each earn and how is the care of the children shared between them?
Clare
Customer: replied 3 years ago.

Hi Clare,

The daughter is 6 and the son is 3. My friend earns £17,800 and now has £10,000 tax credit. Her husband earns £28,000. He is living with his parents and his sister. He gives her £120 per month towards childcare in cash as a verbal agreement and he looks after the children from school pick up on Thursday and all day Friday. He then keeps them every other weekend.

The property is worth £198,000. Rent is £800 pcm

Expert:  Clare replied 3 years ago.
Hi
How many nights a fortnight does he have the children?
Clare
Customer: replied 3 years ago.

5 in a fortnight.

Expert:  Clare replied 3 years ago.
Hi
Then he is underpaying the child maintenance
She can work out how much he should be paying using the details here
http://nacsa.co.uk/index.php?option=com_content&view=article&id=38:cs3-calculations&catid=2:uncategorised&Itemid=535
With regard to the property - if her husband purchases it then your friend is entitled to remain there with the children until the youngest is 18 - rent free!
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Brilliant news! Thank you

Expert:  Clare replied 3 years ago.
HI
You are most welcome - good luck
Clare

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