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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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Im currently in the process of splitting up with my partner.

Customer Question

I'm currently in the process of splitting up with my partner. We have 3 children, 3, 7 & 10. We own a house as joints tenants, it's worth 115k and there is 84k on the mortgage.
Both of us have been working but I've have always paid the bills, shopping and mortgage, with the other party contributing to holidays, some clothes for the children and occasionally food and bits.
At present we are being quite reasonable but the split of the house is causing some friction, obviously. Where do we stand on this issues?
From different sources it's a pure 50/50 split, or I'm entitled to the whole house as we are not married. This is a bit confusing and I need some clear concise advice.
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.
Who will have the care of the children?
Clare
Customer: replied 2 years ago.

The agreement so far is a 4/3 split in her favour, with me contributing about 100 pounds a week in maintenance to care for them. She has also just been made redundant.

Expert:  Clare replied 2 years ago.
Hi
How much do you each earn?
Where will she and the children live if the house is sold?
Clare
Customer: replied 2 years ago.

I earn £38k and she is now claiming benefits because she was made redundant.

She is looking to rent from a private landlord, because the council/housing association can not help as she is listed on the mortgage.

Expert:  Clare replied 2 years ago.
Hi
How was the deposit funded at the time of the purchase?
Clare
Customer: replied 2 years ago.

We took out a 100% mortgage.

Expert:  Clare replied 2 years ago.
Hi
Will she be reliant on Housing benefit?
Clare
Customer: replied 2 years ago.

Yes, if she is entitled to it. As I understand it, she can only claim housing benefit if she has less than 6k on assets for the full amount with entitlement reducing up to 16k in assets.

Expert:  Clare replied 2 years ago.
Hi
Given that this was a joint purchase of what was clearly intended to be a family house the starting and ending point for the division of the equity is 50/50
If she will need to claim Housing Benefit then she may face a problem if she agrees to the sale of the house.
You are under a duty to help house the Children until they are 18 and on that basis your ex could apply to the Court for an Order allowing her to remain in the property - and the Local Authority are well aware of this and may decide to penalise her for not having remained in the property .
The fact that the care of the children will be shared shoudl be sufficient to satisfy that issue - but they will expect her to claim every penny of her share
Please ask if you need further details
Clare

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