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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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Dear Lawyer/solicitor,I moved out of my family home as

Resolved Question:

Dear Lawyer/solicitor, I moved out of my family home as my wife and I separated 18 months ago. I can confirm we are still married and have not divorced yet. I continue to pay towards the house and my two children's living costs but my ex has now said I have no entitlement to the house as technically I stopped paying the mortgage when I moved out. She is convinced the maintenance amount I pay doesn't cover the mortgage, even though it is twice the amount the government calculator says I should pay. Do I still have a right to the house even though I no longer live there, and haven't lived there for 18 months? She has also informed me her boyfriend is now moving in and I have no say if he lives there even though my name is ***** ***** the mortgage agreement. Is this the case? I am also concerned if he starts paying towards the mortgage he becomes a silent partner and will get a share in the house when it sells. Can you please confirm if this is the case?

I would also like to know if I can request my ex and boyfriend buy me out of the mortgage as he will be living there as her partner?

I look forward to your response

many thanks

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 and debts are there and what income do you each have?
Clare
Customer: replied 2 years ago.

Hi Clare,

Thanks for getting back to me.

the amount left to pay on the mortgage is £81529 and the house is worth £150-160k aprox, but has not been valued as yet and this is based on other houses sold in the street. My Ex paid the deposit of £21-2k, which I have agreed she will get back when the house is sold.

She receives £220 from the benefits office towards the mortgage repayments which are £452 per month. I pay her £300 per month which is there to cover the child costs and the mortgage. But please note I have the kids 10 nights in the week so according to the government maintenance calculator I should be only paying £160 towards the kids and the rest is towards the house.

My income varies from £200 to £300 per week as I'm self employed. I have savings of £6k and debts of £6.5k to student loans. I am a part time student and receive a small bursary of £180 per month but due to financial restrictions I may have to leave the course. By May of this year I will also have to spend £2k on renewing work qualifications so that will reduce my savings to £4k.

My Ex is on benefits and receives child tax and working tax credits. She works part time (16 hours I think) but I'm not sure of her income or savings as she is not prepared to declare that. She did have student loan debts but I'm not sure if this has been paid off

thank you and I look forward to your reply

Expert:  Clare replied 2 years ago.
Hi
Where did the deposit for the original purchase come from?
Clare
Customer: replied 2 years ago.

Hi Clare

The deposit is from my ex and was given it by her parents. I have agreed the entire goes back to her

Expert:  Clare replied 2 years ago.
Hi
May I just check how long you lived together and how old the children are?
Clare
Expert:  Clare replied 2 years ago.
Hi
Sorry - I should have asked earlier - how long were you actually living together?
Clare
Customer: replied 2 years ago.

Hi Clare

My children are 4 and 7 years old. I lived with my ex for 8.5 years in the property we both own. Before that we lived together in rented accommodation for 5 years.

thanks

Expert:  Clare replied 2 years ago.
Hi
Your ex is mistaken - you do indeed still have an interest in the property.
The Priority for the family court is the safe and secure housing of the children until they are 18 which means that it is unlikely that you could force a sale of the property until then iIF she was not planning to cohabit
However since she does intend to cohabit then you could infact force a sale if she and her new partner do not wish to buy out your share of the equity and release you from the mortgage
The Starting point for division of the equity is in fact 50/50 - however the fact that she has the care of the children and her parents provided the deposit would mean that your ex will get a larger share with a likely outcome in the range on 60/40 and 70/30 in her favour.
You should offer to discuss matters with her using Family mediation
www.familymediationhelpline.co.uk
but make it plain that if no agreement is reached then within divorce proceedings you will apply for a financial order that the house is sold
Please ask if you need further details
Clare
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