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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34510
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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I jointly own a property with my son who has been married a

Resolved Question:

HiI jointly own a property with my son who has been married a short time and has 2 children. My name is ***** ***** deeds but it was for mortgage borrowing only.They have now separated and she is living in the property with 2 children and it is at the present, acrimonious. She is telling everyone (apart from us) that she will stay in the property until the children are 18 (they are 4.5 years and 8 months old) which I know is not true.As my son and I are on the mortgage and she isn't, would this forfeit the mortgage as none of the co-owners live there, as the mortgage isn't a buy to let mortgage?I also know that she cannot put a marital rights notice on the property as it is jointly owned and not in my son's sole name.My son is also now a bad debtor due to the debts they have accumulated, mainly as she is a shopaholic and cannot afford to pay a solicitor and she is being argumentative about the children and as to whether he can see them.I believe she is trying to imply that he is violent which is untrue and trying to plant the seeds of this, as I believe violence is practically the only way of obtaining Legal Aid these days.Thank you
Submitted: 1 month ago.
Category: Family Law
Expert:  Clare replied 1 month 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

Are you and your son the joint owners of the property - or is it help in your sole name?

Customer: replied 1 month ago.
Dear ClareMy son and I are joint owners. I protected myself on the property by putting a clause into the transfer regarding the deposit which I helped them with. This states that on disposal of the property the deposit monies will be returned to me first.
I am a property legal secretary and understand terminology but my firm does not have a family department to obtain advice from.Many thanks *****
Expert:  Clare replied 1 month ago.

The Mortgage will not be forfeit as the person living there is your son's wife and not a tenant

In addition his wife has a clear claim on your son's share of the property and the right to live there so long as they are married - and the only way that you can avoid her remaining there is for you to force a sale of the property as a joint owner

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

Customer: replied 1 month ago.
Do you have a response about the access question please?
Expert:  Clare replied 1 month ago.

What contact is your son having at the moment?

Customer: replied 1 month ago.
This week he has had the baby staying with us due to practicality reasons. Nursery and his work are near my home. She has now changed his nursery to one nearer home. She doesn't drive and has just started back full time work. Baby went home on Friday. I look after baby on a Monday so now due to practicalities will have to stay overnight on a Sunday evening. Both children have stayed over last night due to half term - I am looking after both of them today. She has actually hinted that she only wants him to have contact every fortnight due to her working full time and only seeing the children for maybe an hour in the morning before work and an hour or so at night after work before they go to bed.
Customer: replied 1 month ago.
Just to reconfirm I look after the baby every Monday, apart from when we are awy on holidays. Also both of them on school holiday Mondays. She has nursery and after school arrangements for other times
Expert:  Clare replied 1 month ago.

The law says that children are entitled to regular contact with both parents and the courts will enforce this if necessary

Your son and his wife need to try and discuss matters using family mediation

If that fails then your son will need to apply to the court for the Judge to decide the matter

Alternate weekends Friday to Monday and one or more evenings/nights in the week is "average" but every case depends on the actual needs of the children involved.

Clare and other Family Law Specialists are ready to help you