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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 724
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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I purchased a joint property with my partner in 2000 (at the

Customer Question

I purchased a joint property with my partner in 2000 (at the time we had one 2 year old son). Since then we had two other children. The children are now aged 18 and the twins are 13. The boys live 8 out of 14 days with their mother in the joint property and the rest of the time with me and my current partner. I currently pay childcare through the CSM
We separated in 2013 following my partners affair and I moved out of the property. I continued to pay the mortgage for another year after I left.
I would now like my money out of the property the mortgage is around £125,000 and the value that she has provided (which I disagree with) is £180,000.
Questions:
1. Access to property - although I hold keys to the property she has now installed an alarm to which I don't have the security code. Does she need to provide this to me and can I access the property to recover personal items. She has said she will provide but I can't remember what is in there and due to animosity between us I would prefer to do when she is not in attendance something she is not happy about.
2. We have not agreed on the value of the property although valuations obtained by both parties they vary significantly. What is the best course of action to recover my equity within the joint property.
Submitted: 8 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 8 months ago.
Hello Welcome to Just Answer I am a Solicitor and will assist you. In respect of your questions: 1. As a joint owner - she should provide you with the code so that you can enter the property. Perhaps you could suggest that you could attend with the police - this covers you both so that she cannot allege that you have taken any items that are not yours. 2. If your ex will not engage in mediation - then you need to make an application under the Trust of Land Act for an order for sale. The court will be able to make decision as to the value. They often usually cautious go for the lower end of the middle of the valuations. Do be cautious that the court will consider the housing needs of your children and how these will be met. If your ex isn't able to remortgage and buy you out - the court may not agree that a sale should happen until your children reach the age of majority. Please let me know if I can assist you further. Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today.
Customer: replied 8 months ago.
Thank you - what form do I need to apply to the court? The children live with me half the time will they not take into account my housing needs for the children - currently I am having to live in rented accommodation?
Expert:  ukfamilysolicitor replied 8 months ago.
Hello The Court Form that you need is a claim form part 8: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=424 Court fee is £280 payable to HMCTS Send to local county court You need to convince the court that the children's needs can be met elsewhere. The court doesn't always like the jump from the security of owned to rented - but it is an argument you could use. Please do not hesitate to ask if I can assist you further Kind Regards Caroline

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