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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 33022
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I unfortunately split up with my part february 2012, From

Customer Question

Hi, I unfortunately split up with my part february 2012, From which I left the family home. we have two boys who are now 20 and 17. my oldest works and my youngest is at college. We were never married. We agreed earlier in the year about putting the house on the market more from my side as I need to get the equity out so I can buy somewhere. Throughout the term of the mortgage I paid for all the bills, mortgage etc up to September last year. I still pay for the mortgage, endownment policy and also for my youngest. The financials of the property are below
Mortgage £82,000 we have an offer of £745,000 and we have £32,000 in an endownment policy
I offered my ex, the following £337,000 fromthe sale, the whole of the endownment of £32K and 10K towards legal fees in buying a new place. but she is now saying she cant find anwyere suitable and needs a 3 bedroom house and tried to ask for another 22K on saturday. Which I said no? Firstly do I have to give her 50% of the house, and if I went down this route would i have to wait until my youngest is 18, or if he decided to go to university will i be tied in to paying for the mortgage etc until he is 20 or 21? I though I was being more than reasonable, but each month that passes the property of prices go up and the less they can get for the money as the same for me. Where do i stand legally and what would process would i need to force the sale of the house. Both my sons are not talking to me but I do not want to atogonise them any more but feel I am just being taken for a ride. The reason for the break up was due to her life style was out waying what I was brining in and she would not find another job even though i put forward paying for courses or set her up for interviews at a bank i worked for, each time she rejected the idea?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
When will your youngest child turn 18?
How much does a two bedroom property in the same general area cost to but?
What income do you each have?
Customer: replied 2 years ago.

Hi clare


a two bedroom place within a mile starts at £300k

youngedt is 18 next May 2015

income I am self employed and my contract ends

this Friday and looking for a new one but around

the £60k mark a year I not too sure what she earns

i currenty pay 760 for the mortgage £450 to her for

my youngest an give him an allowance of £150 a month


Kind regards




Customer: replied 2 years ago.

Please note we were never married if this helps?

Expert:  Clare replied 2 years ago.
Sorry - to check - the property is held in joint names?
Customer: replied 2 years ago.

No worries Clare it's in joint names


kind regards


Expert:  Clare replied 2 years ago.
In that case you ex is entitled to her half share of the equity.
The offer that you have made is generous and there is no reason to increase it
If you are not living in the property the only payment you are required to make is Child maintenance at 12% of your gross income
You do have to help house the child until the child is 18.
You should negotiate with your ex using Family mediation ( making it clear that if this sale is lost then you will only pay her 50% of the equity and the Endowment next year an din the mean time you will only pay the child maintenance
I hope that this is of assistance - please ask if you need further details

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