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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been living with my partner year and a half. We have

Resolved Question:

Hi, I have been living with my partner for a year and a half. We have a fixed term mortgage due towns in October. We have a 1 year old together and I have 2 other children under 16 who reside with us. My partner wants to separate but has said if he leaves he won't pay the mortgage or CSA for our 1 year old. Where would I stand as I want to keep the house and not have to sell from under my children. Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you in England or Wales?
-How old are you both?
-How long have you been married?
-What other assets and pensions do you both have (both sole and joint), together with values?
-What are your respective incomes?
-What is the value of the property, and what is the outstanding mortgage?
-Whose name is ***** ***** in?

Customer: replied 1 year ago.
I'm in England, I'm 38 he's 36, we're not married, we both have works pensions no other assets, the mortgage is in joint names. My income is £20,000 his is £31,000, property is £181,000, amount outstanding in October 2015 annual statement was £169,484. Thank you
Customer: replied 1 year ago.
His pensionable pay is £31,755 and mine is £22,494
Customer: replied 1 year ago.
Hi did you get my response?
Expert:  Harris replied 1 year ago.

Thanks for confirming and apologies for the delay in responding.

As you are not married you are not entitled to claim any of his property and he cannot claim any of yours. However, if you are unable to suitably house yourself and your daughter you can apply to court under the Children Act using form A1 and a £255 court fee for an order to remain in the property for her benefit until she reaches a certain age.

In relation to child maintenance, this is his legal liability and if he does not agree to pay you should pursue an application with the Child Maintenance Service - I have calculated that on a gross income of £31,000 per year and no other children in his legal liability will be between £29 to £72 per week depending on how many nights on average your daughter stays over with him (the more she stays the less he is legally liable to pay).

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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