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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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 of 11 years has left me after an affair. We have

Customer Question

My partner of 11 years has left me after an affair. We have 2 boys 6&8. Joint mortgage, not married. He wants to sell the house to set up home with the other lady? I don't want to sell the family home to disrupt children. He is paying child maintenance and half the mortgage. Can I take out a court order to prevent him selling the house until the boys are 18?
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 house worth and how much is outstanding on the mortgage.
What other assets does your ex have and what is his income.
How much would a cheaper two bedroom property in the same school area cost to buy?
Clare
Customer: replied 2 years ago.
Hi Clare
The house is worth £360000. Mortgage is 165000.
No other assets.
His income is £2800 gross monthly - Self Employed
I work 16.5 hours a week and get work and child tax credits and child benefit. He pays me 1000 a month which is 225 mortgage, 100 towards a debt and the rest is child maintenance.
I would never get a mortgage as houses here are a lot of money and my income is low. Property prices for a 2 bed probably 250000 plus.
Can I apply myself to the court to take out a transfer or settlement of property for the purpose of providing a home for my children during their minority?
Expert:  Clare replied 2 years ago.
Hi
Will you be able to cope if he reduces his maintenance to £448 a month?
Clare
Customer: replied 2 years ago.
No why?
Expert:  Clare replied 2 years ago.
Hi
You certainly do not need to make an application to the court to avoid a sale
It is your ex who would have to apply to the court for an Order for Sale which you will be able to resist on the basis that your ex is under a duty to help you house the children until they are 18 and there is no basis on which the sale can take place until then
However you do need to be aware that the only payments that your ex would have to make would be child maintenance and possibly the loan payment and nothing more, so that is something you may need to bear in mind
Please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thanks Clare for your help. that has made me feel a lot happier.
Thank you so much.
Shelly
Expert:  Clare replied 2 years ago.
Hi
You are welcome - I hope all goes well
Clare

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