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Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 204
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I currently live with my Ex partner (never married) in a property

Customer Question

I currently live with my Ex partner (never married) in a property we have had for 5 years! The property was purchased solely by the sale of my old house used as a deposit. Unfortunately at the time of purchase i did not obtain a declaration of trust although the ex had promised never to take my deposit! She has never contributed a penny to the mortgage or bills in that time! 17 months ago i found out that she had several affairs and the relationship ended however she continues to stay in the property and refuses to pay any bills or mortgage contributions! I have a solicitor and we have followed the process of offering mediation, she refused initially saying she qualified for legal aid and then 4 months later advised she did not and would attend although by this time i had made her several offers to buy her share of the equity which she again refused always wanting more than half! Her reason being that we have a 16 year old son she says i need to provision a house for!! her half would be 100k so not a small amount and even if she couldnt get a mortgage could rent. I am now at a point where i have been advised to issue court proceedings which would appear to be very expensive! My question is if i have followed due process and made a fair offer ie 50% of the equity would i have a good case in court? her solicitor is quoting the childrens act of 1989 against me to provide adequate provision for my son! I find this hard to believe because i still need to provide him with a home when hes with me! Any advice would be greatly appreciated.Also can i claim back the money owed from her for half the mortgage and bills after the relationship ended?
Submitted: 2 years ago.
Category: Family Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.
Happy to wait a little longer! Thanks
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 2 years ago.
Please try and find someone! Thanks
Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
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.
When will your son turn 17 an dhow is he likely to share his time between you?
How much is the house worth and how much is outstanding on the mortgage?
What income do you both have?
Clare
Customer: replied 2 years ago.

Hi Clare

He will turn 17 in April next year. I was hoping he would spend 3 days a week with me however his mother is making his life difficult by saying if he stays with her she will get more maintenance. So what he will decide i'm not sure. The house was valued by an independent surveyor at £525K with equity roughly £200k! My income is circa £90K where hers is less than 20K.

Hope this helps