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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34106
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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Hi I have been with my partner for 12 years we were married

Resolved Question:

Hi I have been with my partner for 12 years we were married for 7 and i moved into his home i worked ot start with for his company which is how we met when we got together he asked me to leave work to start a family and look after the home so for 8 years of the 12 i did not work (as he requested) he never put me on the deeds and would never move to a home we could both stay in. our relationship has broken down due to domestic violence and a number of other issues and i have decided to move out there is approx £130k equity in the house where do i stand currently he wants me to pay all my salary in into his bank account to support him while he stays there.
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.
Are there any children involved - if so how old are they?
What income do you each have and what other assets are there?
Clare
Customer: replied 2 years ago.
Two children 5 and 9 were currently in negotiations with salary but he earns 70 k and i earn 45 k we have an apartment in negative equity he is 1year into a 3 year iva i have nothing to do with the iva
Expert:  Clare replied 2 years ago.
Hi
Who has the day to day care of the children?
How much is the property worth and how much is outstanding on the mortgage?
How much would a cheaper three bedroom property in the same general area cost to buy
Clare
Customer: replied 2 years ago.
We are spliting childcare nobody is receiving maintenance the goyse is valued at approx 420000 with 311000 outstanding, its a 7 bedroom house, im not sure what a 3bed would be
Expert:  Clare replied 2 years ago.
Hi
Can you find out how much it would cost to buy a property for you and the children?
Clare
Customer: replied 2 years ago.

Between £180k and £220 k in the same area

Expert:  Clare replied 2 years ago.
Hi Trish
Just to check - would you rather stay in the current property with the children?
Clare
Customer: replied 2 years ago.
No he wouldnt allow it i just want to know if we sell the house am i entitled to half of the equity in the house
Expert:  Clare replied 2 years ago.
Hi
In fact the choice would not be his.
The priority for the family court is the safe and secure housing of the children until they are 18 and if a sale would not lead to you having sufficent money to rehouse yourself and the children then you could in fact remain in the property.
However if that sis not what you wish then you can force the sale of the matrimonial home.
The starting point for division of the equity will be 50/50 with a good possibility of a 60/40 split in your favour.
Indeed if you need more of the equity than that to rehouse the children then you will receive that -although you may have to repay that part when the children turn 18 or cohabit.
I hope that this is of assisatnce - please ask if you need further details
Clare
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