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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33307
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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In January this year I brought a property with my partner,

Customer Question

Hi, in January this year I brought a property with my partner, three quarters of it was paid for with the proceeds from my previous house which I owned outright. A couple of weeks ago my partner announced he was going to leave me an has since left our home. I am going to have to re mortgage the house now so the monthly payments are more affordable for me as a single parent. I have been to see a mortgage advisor who informs me that as we have only been in the house 7 months the early redemption fees will be over three thousand pounds plus her fees. I'd he refuses to pay half these fees can I legally enforce him to pay?
Thank you
Jacqueline Kidd
Submitted: 3 months ago.
Category: Family Law
Expert:  Clare replied 3 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first.

How much is the property worth and how much is outstanding on the mortgage?

How old are your children - and are they also your ex's children?

Customer: replied 3 months ago.
Hi I have just had it valued at a hundred an ninety five thousand. Outstanding on the mortgage is £59520
My son is 2 years old and my X is the father
Expert:  Clare replied 3 months ago.

How long until the fees are no longer payable?

What maintenance will he pay?

What income and capital does your ex have?

Customer: replied 3 months ago.
It goes to £745.00 if the mortgage is repaid before 31.12.2020
He informed me that if he has my son half the time an buys him things when he needs them he won't have to pay me maintenance????
His income is around £1,368. 51 a month. He has no other capital. He has a new car on higher purchase that he got in July this year.
He does have a 16 year old daughter from his previous relationship if that makes any difference?
Expert:  Clare replied 3 months ago.

Are you going to share the care of the child 50/50?

Customer: replied 3 months ago.
I currently work 3 nights a week so he has to come over to the house to look after our son. For the mortgage I am having to increase my hours to work an extra night. If it helps me get some maintenance money from him I will get my mother over for this 4th night so he will have him 3 nights then alternate weekends.
He has gone back living with his elderly parents so I will not allow my son to stay there as there is no room an the house is damp
Expert:  Clare replied 3 months ago.

How will care be shared in the long term when the house issue is resolved?

Customer: replied 3 months ago.
He will have my son alternate weekends and 3 nights a week, I will have him 4 nights a week and of course I have him during the day. I would like to start him at nursery for 2 half day sessions a week so he can get used to interacting with other children. I currently have my son in 2 activity sessions a week an will be starting swimming with him as well in Sept. I guess I will have my son more. Can I get him to pay for the nursery fees?
Customer: replied 3 months ago.
Have you gone home? I am still waiting for answers
Expert:  Clare replied 3 months ago.

My apologies - I thought I had posted this - it seems to have got stuck

The issue of Child maintenance depends on nights spent with each parent - so given that he will have the child nearly half of the time his Child maintenance liability will indeed be relatively small.

With regard to the re-mortgage fees sadly since you were not married there is simply no basis on which you can force him to pay them - or even part of them.

The only comfort (and it is a cold one) is that your ex cannot force you to remortgage at this stage to get his name off the mortgage UNLESS he does pay towards those fees.

However since I know you wish to remortgage for your own reasons I realise this is of little help

Please ask if you need further details

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