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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33311
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 let my girlfriend and her son move in with me she bought

Customer Question

i let my girlfriend and her son move in with me she bought nothing with her. we then had a baby together. now we want to split up. i know i probably have no rights and probably have to get out my own house. or as an alternative can i sell my house . purchase another one for my daughter that her mum can live in with her but put it in a trust for my daughter? then il have to get a new mortgage for myself on another property so i have somewhere to live.
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?
How much will a cheaper two bedroom property in the same general area cost to buY?
Clare
Customer: replied 1 year ago.
House worth 400k
160kremaining
250k a 3 bed house in same area
Customer: replied 1 year ago.
Mortgage is all in my name .we been living together 3.5 years since she got pregnant.. My daughter is 3 now
Customer: replied 1 year ago.
To my partners admission is if I just gave her say 100k and got her a mortgage she would default and lose the property as she has never worked etc so she agrees I should just get her something in my name : but I would feel more comfortable if it went in some sort of trust . Just so the ex's future partners can't take my kids hard earned inheritance
Customer: replied 1 year ago.
So where is my reply then? I answered the questions but have no answer?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 1 year ago.
Hi
My profound apologies for the delay - I am afraid I have not been well, and coughing through a phone call is not likely to sound good at either end!
Purchasing a property for her to live in would be a practical way of resolving the issue if you can afford to do so.
Since you are not married and she has made no payment towards the property she has no financial claim on the property BUT you are under a duty to help her house your child until the child is 18
Any property can in fact remain in your name - there is no need for a Trust unless you wish to create one.
You will have to pay child maintenance as well
I hope that this is of assistance - please ask if you need further details
Clare

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