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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Ive lived with my partner 10 yrs, have 2 children with him.

Customer Question

I've lived with my partner 10 yrs, have 2 children with him. Engaged but not married, engaged 5 yrs. I pay towards the outgoings a month & purchase all food & requirements for children. However, the house is in his name so where would I stand legally? We haven't being getting on for sometime & he keeps threatening to sell the house. Could myself & the children stay at that property?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children?
How much is the house worth and how much is outstanding on the mortgage?
Have you made any financial contribution to any alterations or improvements to the property?
Clare
Customer: replied 2 years ago.
The children are 2 & 5 yrs. house worth roughly 250-300K, I've paid towards outgoings of 500 PCM for first 5yrs then 300 PCM last 5 yrs which goes towards the mortgage & utility bills. This is paid in to a joint account, I have also bought a lot of the soft furnishings & furniture in the house.
I think the mortgage is about 120k outstanding.
Sorry for late reply I'm still at work.

Regards

Hazel.
Expert:  Clare replied 2 years ago.
Hi
How much does a three bedroom property in the same general area cost to buy?
Clare
Customer: replied 2 years ago.
Ours is a 4 bed executive detached, 2 ensuite a family bathroom & downstairs w/c, large conservatory, garage conversion to office & utility room & a good size front porch with a wide drive. Not really many similar near by with all the alterations we've made. Not had valuation since we changed garage & put on conservatory. We have good size lounge, dining room & reception hall. Can't see being worth more than £300 k because it's in BD14 of Bradford ( the nicer posher side though, within a sought after village location on the door step, semi rural) .

Regards

Hazel.
Expert:  Clare replied 2 years ago.
Hi
I appreciate that but I need to know how much a thre e bed terrace would cost (two beds if your children are of the same gender)
Clare
Customer: replied 2 years ago.
Oh sorry, no they r boy & girl, I'm really not sure about price of houses without looking at some. Near my parents a 3 bed semi £180 -200 K, terrace may b 150 k ish.
Expert:  Clare replied 2 years ago.
Hi
As a starting point you own everything that you have purchased for the property is yours to take when you separate.
Unfortunately you do not have a financial claim on the property as what you have been paying is less that equivalent rent would be.
However he is under a duty to help you house the children until they are 18 and on that basis you could apply to the court for an order that allows you to remain in the house until then or ,more likely, that you would receive the proceeds of sale in order to purchase an alternative property.
The ownership of the property would then revert to him.
It is sometimes worth trading that right for a smaller lump sum that you can in fact keep
I am sorry - I know that this is not great news - but it is the position that you are in
Please ask if you need further details
Clare


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