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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33279
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 very unhappy in her relationship with her partner,

Customer Question

My daughter is very unhappy in her relationship with her partner, she has three kids by him, he does not want to marry her, he is making her life a misery, he wants her to leave his house so he can rent it out. She is Christian and he is Muslim. He told her that he has seen a Lawyer and she is not entitled to his properties, he has two houses and has his own business. She cries every day and is so depressed, she has no friends, she hasn't got a life. She wants to leave but hasn't got any money. When she was working she gave him money and put money into his property. She is my daughter and I love her and her three children. I cannot help her as I am on a pension. Can you please help her and give her some advice and tell her her rights. He told her that she has no right and he does not hace to give her anything.
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 old are the children?
How much is the house worth and how much is outstanding on the mortgage?
What money has she invested in the property and what income do they each have?
Clare
Customer: replied 2 years ago.

Hi Clare



Thank you for your response.



The house is worth half a million, he is paying the interest. My daughter worked for three years before she had her second child and in those 3 years, she gave him £500 a month.



My Mum gave her £2000.00, about a year or ago to open a account for her kids and she gave him the £2000.00 to get a new boiler as the old one kept breaking down and she did it for her kids.



I spoke to her this morning and she seemed very depressed, he keeps telling her that she is not a good mother, she does not keep a good home and that he can get custody of the kids. I know she is a wonderful mother and she does keep a good home because I see her sometimes twice a week.



I think he is trying to push her over the edge and I am worried that she might do something to herself.



Please help her Clare, she and her kids are my life.



Thank you.



Elaine





Expert:  Clare replied 2 years ago.
Hi
How much is outstanding on the mortgage?
How much does a three bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

Hi Clare

I apologize for the delay, I had to go to Hospital because I pulled a muscle in my right arm and its very painful. I am finding it a bit difficult typing but I am doing it slowly.

I just got a Quote on a house on the same street as my Daughter and its £750.000, so the house she is living in is Between £550/750.000. Her kids ages are 9 year old, 4 year old and 8 month baby. He is paying the interest on the Mortgage. They have been together about 20 years.

Thanks

Elaine

Expert:  Clare replied 2 years ago.
Hi
Do you know how much is outstanding on the mortgage - how much would have to be paid back if it was sold?
Clare
Customer: replied 2 years ago.

My daughter does not know how much is outstanding on the mortgage but she knows that he bought the house about 11/12 years ago and he pays about £7/800 a month.

Elaine

Expert:  Clare replied 2 years ago.
Hi
Since she is clearly the principle carer of the children in the event of a dispute it is likely that the court will favour the status quo and the children will spend the majority of their time with her.
Under Schedule 1 of the Children Act her partner is under a duty to help her house the children until they are 18 - and it is likely that she will be able to remain in her home until then (without her ex)
However in addition the financial contribution that she has made to the property in the form of paying for the boiler also gives her a potential financial claim on the property.
Not a large one but a claim none the less.
If she accepts that the relationship is over then she should negotiate with her ex using Family mediation (www.familymediationehlpline.co.uk) to agree a more generous limp sum payment on the basis that she moves out with the children now rather than making him wait until the youngest is 18
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Hi Clare

Thank you for your response. There is only one problem, my daughter told me that he has 3 mortgages, two on the two properties and one on the business how is he going to pay for the house she is living in with the kids.

Will the Council pay for it till the baby is 2/3 years old and she goes back to work or will they make him pay half and the Council pays half. She does want to stay in the house because two of the kids go to school, which is not far and the eldest girl is doing very well. She is definitely going back to work when the baby is old enough.

Thank you.

Elaine

Expert:  Clare replied 2 years ago.
Hi
Her ex will have to maintain the mortgages - your daughter cannot make any claims as she is not named on the deeds
Clare
Customer: replied 2 years ago.

Hi Clare

My daughter is moving out because she cannot take all the arguments and shouting in front of the children. He has got her to rent a 3 bedroom house and told her he will help with the rent, which is 1,900.00(nineteen hundred), I can't see him helping her with that. He is trying his best to drive her out. She is moving out on the 29/11/2014. She has no furniture because he is renting his house with the furniture. I cannot understand the Law in this country. Here is a 37 year old women who has 3 kids from her partner, been with him since the age of 15 and has nothing. He has 2 properties and his own business and he does not have to help or give her anything because he told her that, and in his own words he said" By law I don't have to give you a thing".

Elaine

Expert:  Clare replied 2 years ago.
Hi
She really mustn't move out - she is entitled to remain in the property until the youngest child is 18 and has a potential claim on the property.
If she moves out it will be much more difficult for her to make a viable claim
I am sorry but sadly without a wedding ring her claims are limited
Clare
Customer: replied 2 years ago.

Hi

He is forcing her out by picking on little things every day, she is forced into a corner and feels that if she does not move out something will happen.

Expert:  Clare replied 2 years ago.
Hi
Then she needs to start the process which will lead to a court application
If he does physically assault her she must call the police immediately
Clare

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