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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33296
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 partner left the family house...

Customer Question

Hi Joshua, are you UK based?

Hi, Sorry, this was not my question.

My question was:

My partner left the family house with our children where the mortgage is in my name only and always has been as I've also paid all the bills 6 years ago and she is wanting money from the house even though I'm still living there and having my children on a regular basis.
Is she entitled to claim please?

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.
Were you married?
Where is your ex now living?
has your ex ever paid anything towards improvements or alterations?
How old are the children?
Clare
Customer: replied 2 years ago.

Hi Clare,

Many thanks for getting back to me.

We were never married

In rented house mostly paid for by benefits but they are being reduced hence why she wants money from my house now

No, I've increased my mortgage a couple of times to cover alterations

Our children are 16,13, and 8.

I hope this is enough to go on, but let me know if you need anything else.

Many thanks in advance

Paul

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage
Clare
Customer: replied 2 years ago.

Hi Clare,

The house is worth around £250k and the mortgage is around £110k

Thanks

Paul

Expert:  Clare replied 2 years ago.
Hi
How much would a three bedroom property in the same general area cost to buy?
What time do the children spend with you?
Clare
Customer: replied 2 years ago.

Hi Clare,

That is the general going rate in the local are, if not more.

The children spend every other weekend with me plus a couple of nights during the week. I also have them during school holidays where possible.

Thanks

Paul

Expert:  Clare replied 2 years ago.
Hi
How close to 50/50 shared care is it over the year?
Clare
Customer: replied 2 years ago.

Hi,

It's been very close to 50/50 since we split, maybe 55/45 her way.

Regards

Paul

Expert:  Clare replied 2 years ago.
Hi
Since you were not married and she has made no financial contribution to the property your ex has no claim for a financial share.
However under Schedule 1 of the Children Act you are under a duty to help your ex house the children until they are 18.
if she had still been living in your property there would have been a good chance of her being able to remain there without you until your youngest is 18
However since she did move out, and since you have the children a lot of the time it is now unlikely that a court would order you to vacate the property so that she could move back.
Realistically it might be worth offering her a small lump sum - say £5,000 in full and final settlement to avoid protracted court action
I hope that this is of assistance - please ask if you need further details
Clare

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