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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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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I have moved out of the family home 2 and a half years ago

Resolved Question:

I have moved out of the family home 2 and a half years ago which I own with my ex partner. I stopped paying the mortgage a year and a half ago. I am still on the mortgage and still own the property. She is offering me a low amount to be bought out - am I still entitled to go into the property?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?Are there any children involved?
Customer: replied 2 years ago.
Based on a valuation undertaken by her the house is worth £180,000 (sale price would be more) and there is a mortgage of £140,000. We had 3 children together and they stay with me 6 days out of every 14.
Customer: replied 2 years ago.
Let me know if you require anything else?
Expert:  Clare replied 2 years ago.
How old are the children and how much has she offered you?
Customer: replied 2 years ago.
one is 17 and 2 are 13 she has offered me £20,000. Can I keep my equity in the house? Can I still go in or do I need her permission. I am not happy to accept her offer as I believe on the open market the house is worth £220,000
Expert:  Clare replied 2 years ago.
Why do you wish to reenter the property at this stage
Customer: replied 2 years ago.
I need to be able to pick up things for the kids and some of my possessions are still in there
Expert:  Clare replied 2 years ago.
When were you last in the property?
Customer: replied 2 years ago.
About 6 months ago to collect some furniture
Expert:  Clare replied 2 years ago.
As a joint owner of the property you are indeed entitled to return there if you wish - but it is a right that it is wise to use the right carefully so that your ex does not apply for an Occupation Order excluding you altogetherI would suggest that you offer to discuss matters with her using Family mediationwww.familymediationhelpline.co.ukI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
If I leave her in there and don't pay any mortgage myself will this have any negative impact on me on the future - will I be entitled to half the home and half of the repayments she has made? Would I then be able to apply to have it sold when the children have left home? We were not married
Expert:  Clare replied 2 years ago.
If it is a repayment mortgage you will have to account for half of any diminution of capital but otherwise you share remains the same
Clare and other Family Law Specialists are ready to help you