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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hello. My ex partner off 20 years left me last year, left

Resolved Question:

Hello. My ex partner off 20 years left me last year, left me with 3 children and mortgage. he did want it all, said its all his! he works! But I was advised to stay in the house for the children. Because I was a housewife I am now seeking employment so getting JSA. My question is I have a new boyfriend and my ex wants me to sale the house now, said I could only stay in the house if im single. Also what is the law with new partner staying over! If i did sale the house how would I affored to rent! I would really like some advise and help. Lee-anne.

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

Hiya.


No not married but together for 20years. My children are 6,9,11.


My house is worth £2100.00, I think outstanding is £150.00ish.

Expert:  Clare replied 3 years ago.
Hi
Is it held in joint names?
Clare
Customer: replied 3 years ago.

Hi.


yes still in joint names, dont know what to do about that!


lee-anne

Expert:  Clare replied 3 years ago.
Hi
Are you intending to co-habit with your new partner?
Clare
Customer: replied 3 years ago.

Well I dont know what the law is with him staying!


I would like him to stay!

Expert:  Clare replied 3 years ago.
Hi
How much does your new partner earn?
Clare
Customer: replied 3 years ago.

Hi


I dont really know. May be take home about £1600 a month, im not really sure.


lee-anne

Expert:  Clare replied 3 years ago.
Hi
How much does a three bedroom property in the same general area cost?
Clare
Customer: replied 3 years ago.

Hi


In the area i live to own a 3 bed is around £2000 to rent is around £900 a month.


Lee-Anne

Expert:  Clare replied 3 years ago.
Hi
Your ex is under a duty to help you house the children until they are 18 and he will not be able to force a sale until then - unless you live with a new partner.
If you do live permanently live with a new partner then there is a risk that the court will indeed order an immediate sale - it is not certain, but there is a high risk that this will happen.
When the house is eventually sold you will be entitled to 50% of the equity.
I Hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 3 years ago.

Hi.


How many nights is new partner aloud to stay over!?


 

Expert:  Clare replied 3 years ago.
Hi
So long as he spends more nights a week in his own home than in yours that should be fine
Clare
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