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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
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 moved out of the a house jointly owned by myself and partner. This

Customer Question

I moved out of the a house jointly owned by myself and partner. This was because she has met someone else. My 12 year old daughter chose to move with me and we are temporarily living with my parents but this was only a short term arrangement because they are elderly and not in the best of health. My partner (the mother of my daughter) has two other daughters living at home with her, they are aged 17 and 19. My expartner had let our mortgage
become in arrears which I was not
aware as I paid my share of the expenses to her in cash, £250.00 per week. (I have proof of these payments). I have become aware that she has run up other debts too but am anxious to sell the property so that we can both get the debts sorted out and get on with oour lives. Her new man has moved into the property and I believe is making contributions. I am still paying half of the mortgage on an indpependent basis.
Where to I stand legally? How can I persuade her to agree to selling the house? The sale woul
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.

Thank you question.

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?
Who paid the deposit?
Clare
Customer: replied 1 year ago.
Clare, sorry about delay. The house is worth about £100.00 and we have lived there since 2004. We paid £87,950 and a deposit of
£14,750 (borrowed from my parents). Outstanding on the mortgage is £71,773 (Dec 2014) including arrears (approx £4,000). We agreed to repay deposit out of equity if, when, the house is sold. We are both in full time employment but on medium/low wages.
Thanks
Chris
Expert:  Clare replied 1 year ago.

Do you wish to sell the property or would you rather move back there with your daughter?
Clare
Customer: replied 1 year ago.
Clare
Would probably prefer to sell the property but would consider moving back if I could get enough money to cover arrears . I don't think my ex partner would be able to buy me out as her credit rating is probably poor.
I really need to move on though, so am open to ideas..?
Chris
Customer: replied 1 year ago.
Did you get my answer that I would prefer to sell the house.?
Expert:  Clare replied 1 year ago.

In fact you do not need to continue to pay your half of the mortgage given that you are not living there but her new partner is - although I appreciate that the fear of arrears may well make you feel payment is wise
You have two possible options.
You could make an application under the Children Act Order allowing you to return there with your daughter and live there with her until she is 18 - at which point the property would have to be sold and the equity divided between you and your ex.
The other option is to apply to the courts Order sale of the property and the division of the equity in a way which reflects the fact that the arrears are her responsibility.
Your starting point is to try and negotiate matters with her using Family mediation
www.familymediationhelpline.co.uk
If that fails then you can make the application of your choice - either is likely to be successful
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
HiI Clare, thanks advice, I feel ready to move forward on this now and intend to talk to my ex this week to see if we can come to some agreement with one of the actions you have suggested. I will take to building society again to check whether I am responsible if the mortgage goes further into arrears. Will also be getting in contact with the family mediation helpline to find. Out how they can help. Thanks again.
Chris.
Expert:  Clare replied 1 year ago.

You are undoubtedly responsible so far as the Mortgage Company are concerned - and they will say so loudly and clearly
Clare

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