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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34494
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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I have a mortgage with my partner we have a 14 yr old child

Resolved Question:

I have a mortgage with my partner we have a 14 yr old child and i want him to move out . where do i stand, as he is refusing to go.
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.
How much is the house worth and how much is outstanding on the mortgage?
Has there been any violence or threats of violence?
Clare
Customer: replied 3 years ago.

Hi

We have about £65,000 left to pay . There hasn't been any threats of violence or violence.

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth?
How was the original purchase funded?
Clare
Customer: replied 3 years ago.

Hi

The house is worth £240,000. We got a joint morgage 11 years ago.

Expert:  Clare replied 3 years ago.
HI
Who paid the deposit?
Clare
Customer: replied 3 years ago.

It was an ex council house, no deposit was needed. I lived there for 10 years on my own before we brought it.

Expert:  Clare replied 3 years ago.
Hi
That is good news.
How much was the discount
Clare
Customer: replied 3 years ago.

I think it was 35% .

Expert:  Clare replied 3 years ago.
Hi
Do you know how much you could raise on a mortgage?
Clare
Customer: replied 3 years ago.

Hi

If we sold it i would probably get £50,000 , but my problem is he is refusing to move out , and is not willing to sell the house. So I feel trapped at the moment. I couldn't get a mortgage as i'm on a low wage. From my understanding I have the right to stay in the house as my daughter is under 18.

Expert:  Clare replied 3 years ago.
Hi
You do have lots of options so please do not worry.
How much does a cheaper two bedroom property in the same school area cost?
Can you take over the existing mortgage and get him released?
Clare
Customer: replied 3 years ago.

I live in Surrey ,so it is a very expensive area. I could take over the mortgage, but I don't think he would be willing to be released easily.A two bed property would be around £240,000.

Expert:  Clare replied 3 years ago.
Hi
Unless there is an incidence of violence you will not be able to force your ex to leave the property immediately.
However you can apply to the courts using Schedule 1 of the Children Act to obtain the right to remain in the property (without your ex) until your child is 18.
You can also ask the court to award you a greater share of the equity on the basis that you contributed the deposit by way of the discount.
You shoudl try and discuss matters with your ex using Family mediation first (www.familymediationhelpline.co.uk)
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