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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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my son has recently split from his partner of 2 1/2 years

Customer Question

my son has recently split from his partner of 2 1/2 years they have a 2 year old boy the house is in his name and he pays the mortgage we put the deposit does she have any claim on the property and what rights has he regarding contact with our grandson.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

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?
Where is his ex living at the moment and what contact does your son have with the child?
Clare
Customer: replied 2 years ago.

the house is worth around 120.000 it is a not sure how much is left on mortgage but only been in there about 2 years still in the house but looking accommodation she wants him to have his son every other weekend but nothing in stone

Expert:  Clare replied 2 years ago.

Best guess on the mortgage - this is important
Clare
Customer: replied 2 years ago.

I would think at least 80.000 it was a buy to share scheme my son is the only name on the mortgage and he has paid all the bills and mortgage he wants to stay in the house and she is looking she also wants him to give her 1500

Expert:  Clare replied 2 years ago.

Your son is under a duty to help house the child (and thus his ex) until the child is 18.
His ex could make an application under Schedule 1 of the Children act right to remain in the current property until the child is 18 - although at that point she would have to leave and would have no financial claim on the property.
I have to say that a request for £1500 with which to relocate could well be a good deal to avoid any risk of court costs.
With regard to Contact much depends on whether or not your son could realistically deal with the child overnight mid week -if so stretching the weekends to run from Friday night to Monday morning and also one night midweek - and half of the (eventual) school holidays would be reasonable shared care order.
Your son should offer to discuss both issues with his ex using Family mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

If he pays her £1500 should he get her to sign a disclaimer.

Expert:  Clare replied 2 years ago.

Yes he should - wording such as
I acknowledge receipt of £1500 to assist me in rehousing myself" or something similar
Clare