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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34283
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 am separating with my partner. We are not married. We

Resolved Question:

I am separating with my partner. We are not married. We live in an apartment which is in my name only and I pay the mortgage and all bills.
We have a two year old daughter. I am planning to move out and continue paying the mortgage as well as some money support.
My question is what claim does she have to the property? Or any of my possessions (I own quite a few paintings most of which I purchased before we lived together).
And if I was to leave this property and buy another to live in would she have any claim on the new property also?
Many Thanks,
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 property worth and how much is outstanding on the mortgage?
What financial contribution has your partner made to the property?
What income do you have?
Clare
Customer: replied 2 years ago.

I bought the property for £350k approx 3&a half years ago.

I put down a £70k deposit.The property is now worth approx £500k. Ive been paying between £1250-1500 per month mortgage. I'm not sure what is left to pay exactly.

My partner has not made any contribution to the property.

She has savings of approx £40k.

I have savings of approx £50k.

My question is more of a general nature of what percentage of my current property she could lay claim to & if I was to leave and buy another property if she could lay claim to any of that or say that the deposit new place had been earned while we lived together?

My plan is to try to buy somewhere else where I can live and continue paying the mortgage on the flat she and my daughter live in. In a few years when (I hope) she is ready to move and get her own place I will split the profit from the sale of the property when she moves out.

I am freelance and my income can fluctuate greatly but Id say roughly £80k per year. Many Thanks,

Expert:  Clare replied 2 years ago.

Thank you - just as a guide how much would a two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.

I think in the same area a 2 bed property in the same school area would be £500k as this is the rough value of my current property which is 2 bed 1st floor flat. No garden.

There will be 2 beds in the area which can range between £400k-£600k depending on whether they are ground floor with a garden which will be more or whether they are an ex council property which will be less.

My partners reason at our current flat rather than selling up now is in order to get our daughter into a primary school (which we are just in the catchment area for) in 2 years time. This is not a certainty though as there will be lots of applicants.

I guess the payment to her when we finally do sell up will have to take in to account how much the property value has risen by but also how long my ex stays at the property and I continue to pay all the mortgage and how much I have to spend on the property (I think we I will have to do approx £10k of maintenance to it at some point this year.)

I very much want to stay a part of my daughters life and 'do the right thing' but would also like to get a handle on the legal responsibilities.

I have just checked and the current capital balance to pay on the mortgage is £256,485

Expert:  Clare replied 2 years ago.

Since you are not married and you intend to continue paying the Mortgage as well as paying the Child maintenance then in fact your partner has no claim on your property - neither the one she lives in nor any other properties you may acquire
Your paintings also remain your possessions
You are under a duty to help her house the child until the child is 18 - but at that point it is entirely up to you what capital - if any - you chose to give your ex.
Please ask if you need further details
Clare
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