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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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My ex partner (and father of my two children) has just sold

Resolved Question:

Hello. My ex partner (and father of my two children) has just sold our old family home. We were never married and my name was not put on the deeds. The mortgage payments came from my bank account. My question is, am I entitled to any profit made on the house sale? Thank you for your time. Rose
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

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

How much is the house worth and how much is outstanding on the mortgage

When did you last live there?

How old are the children?

How much was the mortgage payment?

Customer: replied 10 months ago.
Thanks Clare. We bought the house Nov 2005 for £131,000 with a £40,000 deposit. We split June 2011 and I moved out May 2012. The house has just sold for £142,500. The mortgage repayment whilst I was paying were £257 per month. Our Children are 7 and 10 years old.
Expert:  Clare replied 10 months ago.

Where did the deposit come from and why was the house not purchased in joint names

Customer: replied 10 months ago.
The deposit came from his Parents and I was very naive.
Expert:  Clare replied 10 months ago.

Did you ever talk about what might happen if you separated - was it referred to as "ours" rather than 'Mine"?

Customer: replied 10 months ago.
It was never really discussed. We did refer to the house as ours. I moved out when I could no longer pay the mortgage on my own and housing benefit wouldn't cover mortgage payments. He then moved back in and subsequently let it out.
Expert:  Clare replied 10 months ago.

Was he not paying Child Maintenance?

Where are you and the children now housed

Customer: replied 10 months ago.
he pays the minimum maintenance. We now live in a rent property.
Expert:  Clare replied 10 months ago.

Is that a private rental or a Housing Association?

Customer: replied 10 months ago.
It's a private rental.
Expert:  Clare replied 10 months ago.

Do you have any specific need for a lump sum at this time (obviously I know it will help - but anything specific)

Customer: replied 10 months ago.
I am looking to move to a bigger house so the girls don't have to share a room as they get older. The money would help with the deposit for another rental or possibly a mortgage. Depending on the amount, it could also help me with course fees to help me get back into full time work now the girls are older and don't need me around so much.
Expert:  Clare replied 10 months ago.

Has the sale actually completed?

Customer: replied 10 months ago.
I think it completed in June but I have only just found out.
Expert:  Clare replied 10 months ago.

This is a difficult one.

Based on what you have said you have a reasonable case for arguing that you were entitled to a 50% share of the property based on the fact that you paid the mortgage from your own resources, and left when you could not do so. This makes it clear that you viewed it as a joint endeavour,

If the house has still been owned by him then you would have been able to prevent the sale until the issue had been resolved which would have kept the pressure on him.

You can still make the claim using the Trusts of Land and Appointment of Trustees act - but if he has spent it all then that could be a problem.

Your other option would be to make a claim using Schedule 2 of the Children Act for a lump sum to cover the matters that you have described - either by way of a lump sum or instalment payments

The key will be where the proceeds are now

Please ask if you need further details

Customer: replied 10 months ago.
Thank you so much for your time and help Clare. Schedule 2 seems to be about Local Authority provision, am I reading it right? How would I go about making a claim and do you think it would be worthwhile?
Expert:  Clare replied 10 months ago.

That is because it should be Section 1 - I am sorry

http://www.familylawweek.co.uk/site.aspx?i=ed143067

Clare and 2 other Family Law Specialists are ready to help you

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