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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34233
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 is splitting from her partner. They have two

Customer Question

My daughter is splitting from her partner. They have two children 2 and 6 weeks. They have their own house which is on a mortgage which they have had for the last year. Her partner works full time and my daughter works approx. 30 hours a week but currently on maternity leave. Where does she stand legally with regards ***** ***** house. Obviously she doesn't earn enough to pay the mortgage on her own and what benefits would she be entitled to. Any advise would be appreciated. Maria
Submitted: 4 months ago.
Category: Family Law
Expert:  Clare replied 4 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

Were they married?

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

What income do they each actually have?

Customer: replied 4 months ago.
No they are not married.
The house is worth around £195k and their mortgage was for £169k.
My daughter earns £13k per annum and partner £27k per annum,
Expert:  Clare replied 4 months ago.

Is her partner willing to leave the property?

Customer: replied 4 months ago.
No not as far as I'm aware
Expert:  Clare replied 4 months ago.

To your knowledge has there been any violence?

Customer: replied 4 months ago.
No violence
Expert:  Clare replied 4 months ago.

You can work out what state benefits your duaghter would be entitled to here

http://www.entitledto.co.uk/benefits-calculator/startcalc.aspx

Her partner will have to pay child maintenance of 16% of his gross income at most.

It is unlikely that he would have to pay anything towards the mortgage in addition to the child maintenance - but your daughter shoudl be able to prevent a sale whilst the children are under 18 (and she does not cohabit)

In the absence of Domestic Violence your daughter will need to try and negotiate with her ex using Family mediation

www.familymediationcouncil.org .uk

but if he refuses to leave she can make an applictaion using Schedule 1 of the children act to ensure that she and the chidlren can remain there alone.

I hope that this is of assistance - please ask if you need further details