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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33318
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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hello i splint with my girlfriend around 6 months ago, when

Customer Question

hello

i splint with my girlfriend around 6 months ago, when we split up she said she was pregnant which i did not believe as she was trying to get me back...i said if you are pregnant why would you want to keep a baby when we are splitting up..i made it clear i want nothing to do with the baby as i am not ready for children.....she moved back with her mum and dad and i have been trying to get her name off our joint mortgage, which i have been paying alone for past 6 months, it was also my parents that gave the deposit....i want her off asap but i know i have to wait till the mortgage term ends in november but she cant comprehend that ...now she saying she can get a court order to make me leave the house in 30 days?? something to do with the child she still has not had??

can you let me know what i should do please as it is stressing me to the max....also she gave my car back which i was letting her use with a big dent in it which i am proberly going to have to pay for
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank for your question.
How much is the house worth and how much is outstanding on the mortgage.
How much was the deposit?
Do you have any evidence that she IS pregnant?
Claire
Customer: replied 3 years ago.
Hi...she wants her name off mortgage and i doing everything i can to do that...she just wont wait even tho i explain it could take time....we got house last jan for 150000 and my mum and dad put the 15000 deposit down......I don't have proof she pregnant as we don't speak but I assume she is.....she doesint want me to be a part off the child but she using it to get as much as she can from me....I don't want anything to do with child like I said from the start....will she put father unknown on birth certificate or can she put my name??
Expert:  Clare replied 3 years ago.
Hi
What is the house currently worth and how much is still outstanding on the mortgage?
Claire
Customer: replied 3 years ago.
The house is valued at 150000 plus 15000 deposit so around 133-134000 remaining
Expert:  Clare replied 3 years ago.
Hi
Did you sign a Declaration of Trust protecting your investment when you purchased the property?
Claire
Customer: replied 3 years ago.
No I don't belive I did.... can you advise me on what rights I have as I think this is wrong....I'm the one living here and paying the mortgage and I am trying to get it in my name....she is being awkward and using a child as a weapon
Expert:  Clare replied 3 years ago.
Hi
Could you clarify why you cannot obtain her immediate release from the mortgage?
Claire
Customer: replied 3 years ago.
Because I have to do a new mortgage application which they say I can't afford even tho I have been affording it since September on my own.... I have to wait till November when the term ends
Expert:  Clare replied 3 years ago.
Hi
Does your ex accept that your parents paid the deposit and that that money should be returned?
Claire
Customer: replied 3 years ago.
Yes she is aware of that....but I don't want to sell the house if I don't have too....I just want her name off mortgage and I'm aware this takes time...I just want to know what rights I have..regarding me living there and paying mortgage as I have been doing. She claims she spoke to solicitor and can get court order to kick me out house? And that her baby has some entitilment??....if I don't sign a birth certificate will the father be put as unknown?
Expert:  Clare replied 3 years ago.
Hi
Your ex is entitled to return to the property whenever she wishes - although she will only be able to force you to leave if there is an incident of Domestic Violence.
However once the baby is born she can apply under the Children Act for the right to remain in the property until the baby is 18 (unless she cohabits in the meantime)
She cannot use your name on the birth certificate - but this does not mean that you will not have to pay maintenance - and she could still claim the right to remain in the house
Claire
Customer: replied 3 years ago.


hi


 


surely if isaid from the start not to have a child and then she going ahead with it to use as a weapon against me, thats got count for something, also how can she have access to a house which she left and no longer pays for?? so you saying i can re-claim the money back from her at some point for everymonth she has not lived there yet her name still on mortgage, so i have a valid claim?

Expert:  Clare replied 3 years ago.
Hi
I am sorry but whether or not you wanted to have the baby is not relevant I am afraid.
As a joint owner of the property she is entitled to return there whenever she wishes - even though she has paid nothing towards the mortgage or the bills.
I am afraid I have not said that you can reclaim any money - indeed strictly speaking on a legal basis she is simply entitled to half of the equity despite the deposit that you paid.
However if your ex acknowledges that the deposit is repayable then that at least means that she accepts that the money is repayable to you when the house is sold
Claire

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