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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33321
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I own my property (have done for 7 years) that I live in with

Customer Question

I own my property (have done for 7 years) that I live in with my now ex partner who moved in 4 years ago.She wants to stay in the property with the children 2 of which are not mine biologically 1 is...with me renting somewhere else

She has agreed to pay to stay there but wont sign any agreements - in which case would she be able to claim ownership or entitlement to the property?

All the bills are in my name
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.

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Has she paid for any major improvements to the property or other household expenses?
Customer: replied 3 years ago.


She has paid to have the bathroom re-tiled and some cosmetic things done - wall paper in living room etc.


 


I have been off work with PTSD and been full time carer for our children with my ex working fulltime supporting financially.


 


I became carer in order to dispose of a private nanny's services there in turn agreeing with my partner at the time that she would pay into my bank what the nanny got paid

Expert:  Stuart J replied 3 years ago.





Thank you. I am going to opt out of this for another
expert to consider. Please do not reply or it comes back into my inbox. Another
expert will pick it up at some stage. It is now open to all experts.



Customer: replied 3 years ago.
Relist: Incomplete answer.
Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
How old are the children and are you willing to give up their care?
Claire
Customer: replied 3 years ago.

Hi


 


The kids are 2(biologically mine), 5 and 8.


 


The older children are in full time school - the youngest will be going to nursery as I will need to return to full time work to support myself.

Expert:  Clare replied 3 years ago.
Hi
How much is the property worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.


Outstanding is 198k of a property worth circa 200-220k - its on an interest only mortgage


 


Gareth

Expert:  Clare replied 3 years ago.
Hi
Is this something YOU want to do?
Claire
Customer: replied 3 years ago.

Sorry, is what something I want to do?


Gareth

Expert:  Clare replied 3 years ago.
Hi
letting her live in the house and you rent else where (there is a way to achieve it but I need to know if this is actually what you want)
Claire
Customer: replied 3 years ago.

I am willing to move out - at present it is the moral and sensible thing o do for the children and their environment...

Expert:  Clare replied 3 years ago.
Hi
Thank you for that.
If you are going to agree to that and your ex is going to pay the mortgage then you MUST have a signed agreement if you wish to avoid her arguing in the future that by paying the mortgage she has acquired an interest in the property.
You will need to ensure that she pays the Mortgage to you each month - and you pay the Mortgage company.
All the other bills can be in her name since she is living there and doing so gives her no extra rights.
You need to have a clear agreement about who is responsible for repairs and internal and external decoration and alterations - she must NOT pay fr any structural improvements or alterations as again this could give her a claim on the equity
In terms of the way forward you need to be firm with your ex and say that if she wishes to stay then there needs to be a clear agreement - or she will have to apply to the court under Schedule 1 of the Children Act and the Court will impose clear terms
You can negotiate with her using family mediation (www.familymediationhelpline.co.uk)
I hope that this is of assistance - please ask if you need further details
Claire

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