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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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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my daughter is in an abusive relationship (mental abuse only)

Resolved Question:

my daughter is in an abusive relationship (mental abuse only) and lives with her partner and their son (also another child by a different father) . the house mortgage is only in his name however my daughter contributes to the bills and works to pay for the child minder for his child. they have lived at the house for at least 2 years.
the mental abuse is now very bad and my daughter would like to leave the relationship. is she entitled to stay in the property and what else would she be entitled to. she is convinced that she would just have to leave the property and start over again with no help from her partner
many thanks
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 has your daughter being paying towards the property - or any improvements t oit.
Where did she live before moving in with her partner?
Clare
Customer: replied 2 years ago.

hi clare,

the house is worth about £290k but was bought for about £190k. the mortgage must have about £150k left.

she pays the utilities such as gas electric and council tax. the house was extensively refurbished by myself and her mother and his father. I would estimate that the work would have cost £60k.

prior to living in the house with her partner she lived in privately rented accommodation and he lived with his parents. the house was bought after the birth of their son.

many thanks

Expert:  Clare replied 2 years ago.
Hi
How much would a cheaper two bedroom property in the same general area cost to buy?
Why was the house not purchased in joint names?
Clare
Customer: replied 2 years ago.

hi

I would say a 2 bed property would cost around £200k.

I am not entirely sure why the mortgage was not in joint names.....sorry!

Expert:  Clare replied 2 years ago.
Hi
Thank you for that - how was the deposit funded?
Clare
Customer: replied 2 years ago.

he paid for that

Expert:  Clare replied 2 years ago.
Hi
i should just check - I have assumed that they are not married?
Clare
Customer: replied 2 years ago.
That's correct
Customer: replied 2 years ago.

that's correct

Expert:  Clare replied 2 years ago.
Hi
In fact your daughter has more options available to her than she fears.
With regard to her long term interest in the property although he paid the deposit and the property is in his sole name from what you have said she and her family have helped improve the property and enhanced it's value. Equally it was clearly planned as a family home.
On that basis your daughter could make an application to the court under the Trusts of Land and Appointment of Trustees Act for a share of the capital - not 50% but none the less a share.
In addition there is the fact that under Schedule 1 of the Children Act her partner is under a duty to help her house the child until the child is 18 - and on that basis she could apply for the right to live in the property (without him) until then.
If she does not wish to remain she could use this as leverage to enhance her settlement.
She could discuss possible settlements with her partner using Family Mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33820
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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