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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34282
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 daughter and her partner have split up, he has ended the

Resolved Question:

my daughter and her partner have split up, he has ended the relationship and moved out to his mothers. there is a 20 month child involved.
he is now demanding money for the bills mortgage etc.. as he believes he should not be paying them as he is not living there.
can you advise.
thankyou.
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 do they each earn?

Customer: replied 1 year ago.
about 1300 a month each
Expert:  Clare replied 1 year ago.

How much is he paying into the household?

Customer: replied 1 year ago.
not sure at the moment, but he is asking for £1,000. The house was run where he paid the bills, my daughter paid all the required insurances, baby needs (ie food clothing etc) nursery fees and the food. Since the split, she is still paying all the insurances etc.
Expert:  Clare replied 1 year ago.

Your niece does not have to pay him anything at all.

She will need to transfer all the Utility bills into her name as they are now her responsibility - but this does not need to be backdated.

In addition her partner needs to pay child maintenance at 12% of his GROSS income (less if he has the baby overnight more than once a week).

In the longer term your niece may also have to take over the mortgage - but that is a matter to be negotiated between them - possibly using Family Mediation

www.familymediationcouncil.org.uk

Customer: replied 1 year ago.
this is my daughter not my niece, however I take it the answer will be the same.
If my daughter takes over paying the mortgage, what is his entitlement to the property? Can he come back in the future and demand half the worth of the property or force her to sell?
Expert:  Clare replied 1 year ago.

My apologies for the error - I was thinking of my own niece who is having similar problems

Under Schedule 1 of the Children Act the partner is under a duty to help house his child until the child is 18 and he will not be able to force a sale before then unless your daughter cohabits.

However he will retain his interest in the property and when it is eventually sold he will be entitled to half of the equity - with credit being given to your daughter for any capital paid off the mortgage

Customer: replied 1 year ago.
when my grand daughter is 18 he could force the sale of the property then. The equity is the price of the sale less the mortgage.
Expert:  Clare replied 1 year ago.

Yes that is correct

Customer: replied 1 year ago.
if by some miracle he continues to pay the mortgage, my daughter will be entitled to half the equity with credit being given to him for capital paid on the mortgage.
Expert:  Clare replied 1 year ago.

Yes that is correct - but only if he ALSO pays Child Maintenance - if not she can claim more

Customer: replied 1 year ago.
Thank you Clare,You have been a great help clearing up some of my uncertainties. Unfortunately I have to go to work shortly, one of the pains of a night worker.Thanks again.
Wayne.
Expert:  Clare replied 1 year ago.

You are most welcome I hope all goes as well as it can

Clare and other Family Law Specialists are ready to help you