How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34581
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

My daughter and her partner have split my daughter is worried

Resolved Question:

My daughter and her partner have split my daughter is worried who will get to look after thier two year old child my daughter has little money and only works part time her partner runs his own business and has a lot more money they are not married been together for seven years and have a house together which my daughter only but in a small amount of the deposit she is frighten she will lose not only her relationship but her home and daughter it is her partner that wants the split
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 has the day to day care of the child?
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
My daughter looks after her daughter,except when she has day care in the afternoon while she works part time, they paid £183,000 for thier house which they have been paying for six years at about £600 month, may I add her partner has done very little in helping bring up his daughter , but because he has his own business pays for much of the bills as my daughter only brings home approx £800 from her part time work but she does do most of the work in the home even down to cutting the lawn.
Expert:  Clare replied 3 years ago.
Hi
Do you know how much is outstanding on the mortgage?
Clare
Customer: replied 3 years ago.
No it's a repayment mortgage and like I said they pay around £600 month
Expert:  Clare replied 3 years ago.
Hi
Does your daughter have no idea about how much was borrowed - best guess will do at this point
Clare
Customer: replied 3 years ago.
They had to put down 10 per cent at a guess so they in the region of £173,000
Expert:  Clare replied 3 years ago.
Hi
Do you know what annual income her partner has?
Clare
Customer: replied 3 years ago.
No would never tell my daughter he keeps all that sort of thing to himself
Expert:  Clare replied 3 years ago.
Hi
Since your daughter has had the primary care of her child until now in the event of a dispute between the parents it is likely that the court would favour the Status Quo - which is that your daughter is the primary carer
Under Schedule 1 of the Children Act the father is under a duty to help your daughter house the child until the child is 18 - which may well mean that your daughter will remain in the property until then (or until she cohabits) and when the property is sold she will receive half of the equity.
She will receive child maintenance of 12% of his gross income - a little less if the child spends more than 52 nights a year with her father
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