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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33316
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Morning. Two years ago my partner and I got custody of his

Customer Question

Morning. Two years ago my partner and I got custody of his child. The little girl was 7 at the time and had spent a year in care as her mother was and is still an alcoholic. I lived in a house with my two girls then 15 & 13 which was bought for me by my parents. The court awarded custody on the proviso that nick and I set up home together. Nick sold his house and bought the house we currently live in. Nick worked off shore. I looked after the three children. I began to get abuse from his ex. ( his child's mother) her abuse and bullying tactics were aimed at my children. She has lied to the authorities and I've received numerous visits from police and social services about my ability to care for my children. All accusations have gone no further. Nick has been unsupportive of me. I have up my property to get custody of his child. My name is ***** ***** mortgage of this house and there is at least 115 k of equity. Due to the abusive nature of nick and his ex- I am planning on leaving. I have contributed to this house by means of child care, I am , I have come to realise no more than his unpaid nanny. My being here has allowed nick to earn thousands off shore. My question to you is, am I entitled to half the equity in this house so my children and I can set up home again? I need to add that I did not contribute to the financial purchase of this housr
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.
Please confirm that you are not married to each other
What happened to the property that you lived in prior to the relationship?
Clare
Customer: replied 2 years ago.
Hi Clare, we are not married , the property my parents bought me was sold as the assumption was that we would be happy together, I therefore have nowhere for my girls and I to live. I said there was 115 k equity in this house? There is in fact approx 230k equity
Customer: replied 2 years ago.
Hi, just wondering if you've received the extra info you requested some time ago
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay
Who will his child stay with?
Clare
Customer: replied 2 years ago.
The child will stay with her father
Expert:  Clare replied 2 years ago.
Hi
Did your partner ever promise you a share of the property?
Clare
Customer: replied 2 years ago.
This was never discussed Clare, my name is ***** ***** mortgage and in the event of his death the house is left to me
Expert:  Clare replied 2 years ago.
Hi
In that case - did he protect his investment with a Declaration of Trust?
Clare
Customer: replied 2 years ago.
I ve never heard of that so no I don't think so. Clare I'm actually in the position where by nick has begun to get abusive so I'm having to leave the house and live with my parents so it's getting quite desperate..?
Expert:  Clare replied 2 years ago.
Hi
Is he physically abusive?
Clare
Customer: replied 2 years ago.
Mentally cruel, we are only ever physical when it suits him. His language is awful especially towards my girls. He has only hit me once, an open handed slap and I didn't report it
Expert:  Clare replied 2 years ago.
Hi
When was that?
Clare
Customer: replied 2 years ago.
Before we moved here, bout 4 years ago, I should have been more wary about living with him, I fully understand that
Expert:  Clare replied 2 years ago.
Hi
Please do not blame yourself.
Since the house is held in joint names you can insist that the property is sold and the equity divided between you.
In the absence of an agreement which says something different the proceeds will be divided equally between you.
Your ex will no doubt argue that this is not fair and that he did not mean to effectively "gift" you this money
However given the history of the matter in fact I think that there is every chance the Court will in fact state that the money is yours.
You can read more about the process here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
Please ask if you need further details
Clare

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