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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2828
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have separated from my partner of 10 years. We have a 4 year

Customer Question

I have separated from my partner of 10 years. We have a 4 year old girl together. He has moved out after my son who is 15 found things on his computer, leading to evidence that he had been having an affair. We have a joint mortgage but also a declaration of trust as I put £75000 and he put £20000 into the house when we got the house together. Can he make me sell the house. The equity in the house is £130000 minus what we both put in.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. I am a qualified family law solicitor.
If he attempts to sell the property you can make an application to court to prevent this. As you have children, and one is four years old, their needs would come first and you have a strong argument for remaining in the home until she reaches 16, or completes education, after which the property would be sold and equity distributed as per your declaration.
Given that matters have only just started, if he does attempt to escalate things, you can make a referral to a local mediator who can assist you to reach an amicable agreement. You can find a local mediator here: http://www.familymediationcouncil.org.uk/
Customer: replied 1 year ago.
Is he entitled to half of the equity or does it go on the percentage he has put in, as I put in considerably more ? How likely is it that we would be allowed to stay in the house until my little girl finishes education? He wants us to move out when my son is 21.
He also owns a workshop, which he already had when we met, but I have contributed over 10 years to establish his business and buy expensive equipment. Do I have any rights there ?
Expert:  Harris replied 1 year ago.
Just to confirm you are not married to him?
If you are not married then the percentage split would be what has been formally agreed, or how the title is held (for example unequal tenants in common).
If this is your only property it is very likely that a court would deem it necessary that you remain there with your daughter until she completes education/turns 16 if you are able to continue to meet the outgoings.
Regarding the business, unless there has been specific agreement regarding you being compensated for your contributions you will not be able to claim for this.
Expert:  Harris replied 1 year ago.
Hi, this question remains open. Please could you rate my response positive if you found the information helpful so that the question can be closed.