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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33314
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, My name is XXXXX XXXXX I need help regarding an on going

Customer Question

Hi,

My name is XXXXX XXXXX I need help regarding an on going issue. I split with my partner 14 months ago and haven't seen my 3 children since then. My partner has an undertaking in place until the end of next month which prevents me entering my house. I am paying half the mortgage, life and contents insurance on my house which I haven't lived in for 14 months. Child Maintenance have called me and are after £300 per month also. I have been told that I only need to pay one or the other, but I'm very wary of this as it's been a very nasty split. She has had me arrested in the past for sending a text message. and I have had my house key confiscated by the police. After the undertaking has expired what are my rights ???

Regards,

Ade
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Claire and I will do my best to help you but I need some further information first.
How old are the children and have you considered applying for contact?
How much is the house worth and how much is outstanding on the mortgage?
Claire
Customer: replied 3 years ago.


My son is 9. my daughters are 4 and 5. The house is worth approx. £210,000 and outstanding is £100,000. It was verbally agreed in the undertaking to see my children, but it has been a very bitter split and she has stopped me seeing them as im on anti depressants and she wants a letter from my doctor to say im fit to see them !!!!

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost - and were you married to each other?
Claire
Customer: replied 3 years ago.


Hi,


 


approximately £210,000 and no we were never married

Expert:  Clare replied 3 years ago.
Hi
has she got a new partner?
Claire
Customer: replied 3 years ago.


Yes but not sure sure how many nights he stays there. He has been posting pics of my house on his facebook account

Expert:  Clare replied 3 years ago.
Hi
Do NOT return to the property when the Injunction runs out - it would be disastrous and lead to a further order being made.
You do not have to pay both the CSA and the mortgage - she cannot make any application that will force you to do so - and you will NOT loose your claim on the property.
You will not be able to force a sale of the property until your youngest is 18 - or your ex cohabits - at which point you will receive your 50% share of the equity.
So far as contact is concerned the children are entitled to have regular contact with you and the courts will enforce this if necessary.
If there is some doubt about your mental health then contact can take place at a local Contact Centre where the children can be safe.
You need to discuss all of these issues with your ex using Family mediation (www.familymediationhelpline.co.uk) if at all possible and if not you can apply to the court for a Defined contact order.
I hope that this is of assistance - please ask if you need further details
Claire
Customer: replied 3 years ago.


Hi,


 


What about all of my belongings. I paid for everything in the house and put down a £25,000 deposit on it. I have seen her on facebook chopping up my bed with an axe, being recorded by her new partner, who has made alterations to my house including a new fire. Surely I should be told about this before it has been done.

Expert:  Clare replied 3 years ago.
Hi
Did you protect your investment with a Declaration of Trust?
Claire
Customer: replied 3 years ago.


Hi Claire,


 


No I didn't. I'm more interested in getting back my property


 


Ade

Expert:  Clare replied 3 years ago.
Hi
Do you have a list of specific items that you want to recover?
Claire
Customer: replied 3 years ago.


Yes I do and I have paid for all of the contents in the property, but I don't want them all

Expert:  Clare replied 3 years ago.
Hi
Will what you wish to take mean that the children would be effected?
Claire

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