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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34289
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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18 year ago my marriage broke up and I started a relationship

Resolved Question:

18 year ago my marriage broke up and I started a relationship with a new partner, I took a mortgage in my name only and I bought a property in June 1996 which my new partner and I moved in together, after a year or so renavating the place.
We were never married but lived together for approximately 13 years, and had two children in that time.
Due to problems within the relationship I left the house several times and stayed with my parents. I eventually went to see a solicictor to ask advice on where I stood legally on how I could remove her from my property. He said it would be very hard because of the children and I would need evidence of her unreasonable behavour, I duly gathered this evidence with pictures and recordings.
The solicitor also advised me not to leave my property during this period, however this was not possible due to the extreme circumstances that I was forced to live under, and the situation also was very distressing for the children.
Three and a half years ago I was forced to move out permenantly due to a total breakdown of the relationship.
To allow me to keep in close contact with my children, I decided to leave them in my property with there mother as she was threatening to move away making it impossible for me to see them on a regular basis.
Over the full period from the day I purchased the property and took out the mortgage, I have been financing absolutely everything including the mortgage, all utility, TV and council tax payments and this has continued to this day.
My children are now aged 13 and 10 years of age
My question is, where do I stand legally regarding the property and what proceedures could I take to move her out ???
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 is the property worth and how much is outstanding on the mortgage?
May I ask why you are still paying all the bills as well as the mortgage?
Clare
Customer: replied 2 years ago.

Hi

The property is worth approx 250k and there is 17k left on the mortgage, i am paying all the bills as they were all on direct debit when i left and my ex partner works in the house as a childminder with very little income, i suppose i just felt obliged to pay for my children and was happy just to keep them there as she was threatening to take them away.Since leaving i haven't taken any legal advice, however i am now in a new relationship of two years, and we are looking to purchase a house together, or even move back into my own property if i can legally get her out

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

Hi

I would say approx 120k

Lewis

Expert:  Clare replied 2 years ago.
Hi
You are under a duty to help house your children until they are 18
You can do this either by leaving them in the current property and paying the mortgage (but not the other bills) and child maintenance or but purchasing an alternative property for her and again paying child maintenance
Either way once your youngest is 18 your ex has no financial claims on the property and will leave with nothing.
I hope that this is of assistance - please ask if you need further details
Clare
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