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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 left me and their is no chance

Resolved Question:

Hi,
My partner of 11 years left me and their is no chance of reconciliation.
We have one child together aged 5.
The house is clear of mortgage and was in joint names altough it was my funds that paid for it.
We have a deed of trust drawn up by a soliscitor that states should we split up she will get back what she put in to the house once the house is sold.
Where do I stand. Is the deed of trust enough or is she entitled to anything else regarding the property?
Phil
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youHow much is the house worth and how much does a two bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.

Hi Clare,

The property in question is worth circa £180k. It is a three bedroom semi.

The value of a two bed property in the school are varies from 89k up to 150k or more.

Phil

Customer: replied 1 year ago.
Relist: Incomplete answer.
i need an answe to my questin I sent earler.
my usename is***@******.***
order id 15642813-770
I was dealing with Clare?
Phil
Expert:  Clare replied 1 year ago.
Under the Declaration of Trust how much would your ex receive?Where are she and the child living at present?
Customer: replied 1 year ago.

The ex and my daughter are living with her mum close to the school where my child attends.

The ex put in 33k

regards

phil

Expert:  Clare replied 1 year ago.
is she living in a rental property?is she well settled where she is?
Customer: replied 1 year ago.

She is living with her mum. Her mums house is paid for.

i think that she would want to move out to her own place the first opportunity she has.

Phil

Expert:  Clare replied 1 year ago.
What mortgage capacity do you have?
Customer: replied 1 year ago.

I do not know.

Maybe 150 k on current salay taking age as a consideration.

i feel that I am being put on a wild goose chase by your firm. Please answer my question that I put to you on Friday. I do not think that lawyers work on a Saturday evening in the UK.

Pleaw sgow sggow some transparency to an honest question.

Kind Regards

phil

dissapointed customer of yours.

Expert:  Clare replied 1 year ago.
All of us are working lawyers - but the joy of the internet means that we can work whenever we want.Under Property Law your Declaration of Trust shoudl stand - although I am a little concerned that it appears to make no allowance for her to benefit fromany increase in the value of the propertyHowever your major concern should be the issue of Schedule 1 of the Children Act which places you under a duty to help her house the childuntil the child is 18.However from what you have said the money she will receive from the sale, plus a reasonable mortgage, would allow her to rehouse herself and thechild without any input from youThat being the case there is little risk of her receiving more than the Declaration of Trust allows forI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.

Thank you.

Although ssge he does not work.

i have said that I will contribute generously monthly to our child's maintanance.

Does es her not working and living with her mum be it 500 yards from our child's school have any bearing on the situation

phil

Expert:  Clare replied 1 year ago.
It is a possible problem BUT the fact is if she is happily settled there then it is unlikely that she will wish to incur the emotionaland financial costs of a Children Act applictaion
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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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