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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34509
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 am in the process of serperating from my partner. She

Resolved Question:

i am in the process of serperating from my partner. She wants the house because we have a 9 and a 13 y o. She states that i have to pay mortgage till they have left school
Assistant: Where are you located? It matters because laws vary by location.
Customer: essex
Assistant: Has anything been filed or reported?
Customer: no i havent been the best i could have been
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: we are not married.
Submitted: 16 days ago.
Category: Family Law
Expert:  Clare replied 16 days 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?

What other assets and debts are there and what income do you each have?

Customer: replied 16 days ago.
worth approx 240k and 120k on mortgage
Customer: replied 16 days ago.
debts 9000k
Expert:  Clare replied 16 days ago.

and income?

Customer: replied 16 days ago.
No just require the info pls
Customer: replied 16 days ago.
33k for me and 9k for partner
Expert:  Clare replied 16 days ago.

Just for clarity - how much would a cheaper property in the same school area cost to buy?

Customer: replied 16 days ago.
180k
Expert:  Clare replied 16 days ago.

Your ex is not correct - but just to check - who paid the deposit when the property was purchased?

Customer: replied 16 days ago.
I paid most but went in jointly
Expert:  Clare replied 14 days ago.

As a joint owner of the property you are entitled to apply to the court for an Order for sale whenever you wish - and under property law it would be granted.

However under Schedule 1 of the Children Act you are under a duty to help house the children until they are 18.

On that basis your ex is correct then she will be able to stay in the property until the youngest is 18 or she cohabits unless you can show that if the property is sold there would be enough for her to rehouse herself and the children - even if you have to still wait for your share of the equity and have to have a charge on her new property

However you will NOT have to may the mortgage

You will have to pay maintenance for the children and you can calculate how much here

https://www.gov.uk/calculate-your-child-maintenance

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

and from that and her own income she will have to pay the mortgage.

Clare and other Family Law Specialists are ready to help you