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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner and I split up June 2010. I left and took our son

Resolved Question:

My partner and I split up June 2011. I left and took our son with me. My ex continued to live in our home for a year and then he moved in with a new partner and let our house. When I left I went back to my parents and then got myself a rented property. I agreed when I left that my ex could live in the property until convenient to sell. We also agreed that my ex would pay £40 per week for my son. For a while I did get this amount but then it became sporadic and now is very rare because my ex has a new partner who has 2 children and now they have a new baby together as well. I have just found out that the house has been up for sale since October and my ex isn't intending to give me anything from the sale because he says he paid the mortgage after I moved out! He hasn't infact because the person he rented to covered the mortgage. I have tried to keep things amicable for my son's sake and my ex has regular weekly access even when he doesn't give me any money. I have always tried to be reasonable which is why I moved out. I now need to know what my rights are re the house where my name is XXXXX XXXXX mortgage. Should I go to a solicitor to get maintenance and what is mine 're the house or aren't I entitled to anything from the house? I put £6000 into the house in 2008 as .a deposit and the mortgage is an interest only for £101000 and the house is up for sale for £115000. Advice needed please

Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.
Is the house held in joint names?
Have you applied to the CSA for maintenance?
Clare
Customer: replied 3 years ago.

The house is in both names as is the mortgage and no I haven't been through CSA as I was trying to be amicable but now my ex is getting nasty and I don't know my rights etc.

Customer: replied 3 years ago.

Hi


The house and the mortgage are in both our names. I have not contacted the CSA as I wanted everything to be amicable. However, my ex is not getting nasty about the house and since his daughter was born last May I have had very little money from his. I am wanting advice and what my rights are re the house. ie am I within my rights to ask for some of the profit and if so how much especially considering I am raising our child with little finance from his dad.

Customer: replied 3 years ago.

Relist: Other. asked a question, Clare replied asking a couple of simple questions, I replied and then waited. I need an answer tonight and she seems to be offline now.

Customer: replied 3 years ago.

Hi Clare? Your status says online so please can you review my question and reply or open it back up for other people to answer.

Expert:  Clare replied 3 years ago.
Hi
I am sorry for the delay - the site rules mean I have to work through a list in order - and when you repost it goes to the bottom again which is most frustrating for us both!
Please confirm that you never married your ex - and how the original purchase of the property was funded
Clare
PS - you have already re-opened it to all!
Customer: replied 3 years ago.

Sorry Clare. New to this and when the 19mins expired it then opened automatically I think!


We never married and the house was funded with a mortgage. We paid £115000 for the house, I put in £6000 cash as part of the deposit and my ex put in the rest. I think we took out a £101000 or £104000 mortgage on an interest only basis and it never changed when we split up. We bought the house in October 2008 and our son was born in April 2009 and we split up June 2011. When I left I took clothes for myself and my son and a few items that my family had bought, All furniture and electrical goods etc were left behind. My ex gave me our little car which was worth about £4000 so I could get our son and myself around. My ex had/has a van for work.


Hope to hear from you soon as I am wondering if I need a solicitor which obviously is going to cost, money I don't have!

Expert:  Clare replied 3 years ago.
Hi
Would you like to return to the property to live?
Clare
Customer: replied 3 years ago.

No, it is out of the area we settled in, close to my parents so they can help and also my son started school here last Sept. so I wouldn't want to disrupt him again.

Expert:  Clare replied 3 years ago.
Hi Shina
That is perfectly reasonable - I just needed to ask.
The starting point is that he cannot sell the property without your agreement and co-operation (or a court order) so I suggest that you contact the Estate Agents, tell them that you are a joint owner and ask to be included in all negotiations.
When the house is sold you are entitled to half the equity - the fact that you moved out and stopped paying the mortgage does not change this
Since the solicitor who deals with the conveyancing cannot distribute the money without your agreement or a court order there is little else you need to do except wait.
With regard to the child maintenance there is nothing a solicitor can do to help you.
You need to apply to the CSA as soon as possible to ensure that you receive the maintenance that you are entitled to!
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 3 years ago.

 


 


Hi Clare,


Thanks for the reply. That settles my mind but as I have had very little support from my ex is there any way I can get more money from the house?


Also my ex is getting nasty and saying things he shouldn't in front of the all the children. I am concerned that when my son is at his house that the three boys are put into the bedroom they share at about 6.30 and left to watch DVD's with the promise of a second if they don't get out of bed. Also that my ex says things and that my son hears the arguments. I refuse to talk in front of my son but my ex says things when he brings him home. Should I see a solicitor or would this prove costly?


Thanks for your help.


 

Expert:  Clare replied 3 years ago.
Hi
How old are the children?
Clare
Customer: replied 3 years ago.

My ex's new partner's children are 7 and 9 and their baby is 9 months old. My son will be 5 at the end of April.

Customer: replied 3 years ago.

My ex's new partner's children are 7 and 9 and their baby is 9 months old. My son will be 5 at the end of April. They live in a 2 bedroom council house where my son has a foam pull out bed with the other 2 boys and the baby sleeps in with her parents.

Expert:  Clare replied 3 years ago.
Hi
I am afraid that you will not get any more money from the property if it is sold which is why you need to apply to the CSA sooner rather than later
It is not likely that contact will be stopped based on what you have said - but you can try and discuss matters with your ex using Family mediation - and you may find some ideas on the website http://theparentconnection.org.uk/
Clare

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