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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34471
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 split from my partner of 20 years we have a son of 12

Customer Question

i have split from my partner of 20 years we have a son of 12 acess to him is not in doubt we bourght a property together 18 years ago but i never went on morgage but always paid bills etc am i entiled to anything from the value of property
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?
How was the purchase finances and were you ever married to each other?
Clare
Customer: replied 3 years ago.

the house is worth 100.000 we were never married but always lived at that address together and shared the bills there is 6 years left on morgage

Expert:  Clare replied 3 years ago.
Hi
How much is left to pay on the mortgage
Why was the property purchased in your ex's sole name?
Clare
Customer: replied 3 years ago.

20.000 the mortgage was in hername only because it was just easyier at the time i was,nt working then always but have always worked since and paid my way and we never got around to putting me on it

Expert:  Clare replied 3 years ago.
Hi
What income do you each have and was it always understood that the house belongs to both of you
Clare
Customer: replied 3 years ago.

my x earns 12,ooo a year and i earn 25.ooo it was always understood that the house belonged to both of us we have joint insurance etc

Expert:  Clare replied 3 years ago.
Hi
How much would a two bedroom property in a cheaper area still in the school catchment area cost to buy?
Clare
Customer: replied 3 years ago.

120.000 apx

Expert:  Clare replied 3 years ago.
Hi
Will you son be staying in the house for now?
Clare
Customer: replied 3 years ago.

yes he will but also staying with me once i have settled

Expert:  Clare replied 3 years ago.
Hi
Since you have made a financial contribution and it was always understood that the property belonged to you both then you do have a clear claim on the equity - although you will not be able to force a sale until your child is 18.
You should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk) to see if you can agree a percentage split
If that does not work you may need to make a court application under the Trusts of Land and Appointment of Trustees Act
Some details here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Please ask if you need further details
Clare