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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I need advice as my partner has left the house and we have

Customer Question

I need advice as my partner has left the house and we have a 3 year old child. He is working full time and I have a part time job and get working family tax credit. We have a joint mortgage but the deposit came from his pay off on leaving the army. He has also paid the mortgage as I only work part time due to looking after our daughter.
Can I stay in the house for now
Is he entitled to half of the furniture
Can I sell the property if so will I be entitled to 50 per cent
Am I able to get legal aid to do this

He no longer speaks to me so there will be no agreement other than a legal one
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.

Law Denning :

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 is Law Denning 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. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Law Denning :

Is there any reason you think he might not be entitled to a share in the property?

JACUSTOMER-duyyal45- : No I thought we may be both entitled to 50 per cent just worried because the deposit came from his money. Although we were together when we bought the house
JACUSTOMER-duyyal45- : Sorry will this be answered this evening as I am really worried about my rights
Expert:  Stuart J replied 3 years ago.






The situation with no children would be that if there was no
agreement to the contrary what would happen when the house was sold, it would
be split 50-50 when sold eventually regardless of what each put in. I don't agree
with that point of view the courts take but I don't make the law, I just
regurgitate it. It doesn't matter what each puts in. good news for you though
which I am pleased about.



Depending on the value of the house you might be able to
stay in it until the child is 18 if you wished.



There is no legal aid
for this I am afraid.



You are eligible for child maintenance at CSA rates.



Can I help further?

Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
How much is the house worth and how much is outstanding on the mortgage?
Who actually paid for the furniture and please confirm that you are not married to each other
Claire