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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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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what are my rights when splitting up ,if we are not married

Customer Question

what are my rights when splitting up ,if we are not married ,when children are involved (5 year old & 10 year old) i have left & am living with friend.
Can i sell the house if it is in joint names ,i still currently pay half the mortgage ,gas,electric,water,insurance ,food bill for children ,sky tv,phone bill.
Do i have to pay all the bills forever?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 income do you each have?
Clare
Customer: replied 1 year ago.

The house is worth about 330000

The outstanding mortgage is £95000

I earn about 24000

Girlfriend earns about £22000

Regards

Expert:  Clare replied 1 year ago.
Hi
How much would a cheaper three bedroom property in the same school area cost to buy?
Clare
Customer: replied 1 year ago.

Hi I need to know if I have any rights to sell the house because we are not married ?

She would have half of the money made ,or do have to carry on paying the mortgage untill. The children are 18?

Expert:  Clare replied 1 year ago.
Hi
I am sorry but to answer that question I do need to know how much a cheaper three bedroom property in the same school area would cost to buy
Clare
Customer: replied 1 year ago.

Maybe £50,000-£60,000 Cheaper??

Expert:  Clare replied 1 year ago.
Hi
Since you are no longer living at the property you do not have to pay any of the household bills and you shoudl transfer them all into your partners name.
You will however have to pay child maintenance at the rate of 16% of your Gross Income at most
You are under a duty to help her house the children until the youngest child is 18 and on that basis you will only be able to force a sale if you ex receives all the proceeds of sale to rehouse herself and the children - and you will then receive your share of the equity when your youngest child is 18 or your ex cohabits.
Arguably you do not even have to pay half of the mortgage either - but that is more arguable.
You may wish to try and discuss the finances with your ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare

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