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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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've been With my partner 6 years and where not married but

Resolved Question:

I've been With my partner 6 years and where not married but we have a child together who's 3, I've recently found out he's been cheating on me and he's fathered a child to this girl, I don't wanto be with him but don't know where I stand legally, and if I have any rights as we live in his house that he owns, I own a house but he started to build an extension and gutted my house I own, and my house is not livable and I carnt afford to live anywhere else as I'm paying a mortgage on my house? Know he's saying he won't finish the work on my house, so that he can trap me into stayin, I don't want to be with this man and need to know how I stand, would I be able to stay in his house and make him move out as I have a child?
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 are each of the houses worth and how much is outstanding on the mortgages
Clare
Customer: replied 2 years ago.
My house is worth 120,000 but as it stands it' won't be worth that as the whole house is back to bare brick, and I've only been paying interest on mine so I haven't actually paid anything off, his is worth 130,000 and he has 70,000 outstanding
Expert:  Clare replied 2 years ago.
Hi
How much is your house worth as it stands, and how much is left on the mortgage?
How much will have to be spent to make your house habitable?
Clare
Customer: replied 2 years ago.
I don't know how much it is worth know without getting it valued but need spend around 40,000 - 50,000 to get it liveable
Expert:  Clare replied 2 years ago.
Hi
What income do you each have?
Clare
Customer: replied 2 years ago.
Mines £50 self employed a week as I'm looking after our soon the rest of the week so I only work a few hours, he earns 50,000 from his car sales garage and another 20,000 from his recovery business
Expert:  Clare replied 2 years ago.
Hi
Under Schedule 1 of the Children Act your partner i sunder a duty to help you house the child until the child is 18
Given that your property is not habitable then the court could well order that you be allowed to remain in his house, with the chid, until your property is habitable
Alternatively he may be ordered to pay you a lump sum to allow you to bring the house up to a basic state for habitation.
You need to negotiate this with him using Family mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare and 2 other Family Law Specialists are ready to help you