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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33958
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, my daughter and her partner have recently split up, and

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Hi, my daughter and her partner have recently split up, and are in the process of selling their flat. He has become very angry, bullying and verbally abusive in nature, sometimes smashing items, and gets so drunk that he needs 48 hours to recover from his hangover. She is finding it difficult to cope with, an example being that when she is trying to sleep in the day ready for a night duty in an ICU he will actually wake her several times a day raging against seemingly any issue even pulling her covers off. There are several other issues of concern not least of which that he is a pilot and suffers from "anxieties" which he says is why he drinks vast amounts.
However, my main question is about whether there would be any potential problems or repercussions legally or financially if she were to move into rented accommodation prior to the completion of the house sale? They paid 50% towards everything, and she has kept him afloat for a year when he has been off sick a lot, but needless to say he is now threatening her with taking more than his 50%.
General advice would be welcome so that we can advise her,
Regards
Jenny
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 much is the property worth and how much is outstanding on the mortgage?
How far has the sale advanced?
Clare
Customer: replied 2 years ago.
The property is worth £525.000 and they have had an offer for the full asking price from a cash buyer which they have accepted this week. I am not sure how much was outstanding on the mortgage but the original amount was 295.000 for which the redemption fee will apparently be about 3500 .
My husband and I are just keen to help her get out of the property so she does not have to suffer the anger spell any more, but afraid she may be better not to leave the property?
Regards
Jenny
Expert:  Clare replied 2 years ago.
Hi
Thank you for that - what makes her partner think he should have more than 50%?
Clare
Customer: replied 2 years ago.
Only that he did a little more painting and decorating than she did, as she works full time as a nurse on shifts, however she did help with pulling wallpaper off and did some painting etc. his father also helped with some wallpapering, as we helped with some gardening. He is just very very angry. He has owed her money all year and is still asking her to pay his half of the bills as he says he literally has no money as he works on a contractual basis, and they had 3 week in Australia for his brothers wedding ( she paid for that too) and partly because every time he gets drunk he doesn't work for several days that week. He has no real reason to think he can have more as they have been meticulous in splitting all costs, bills, purchases etc evenly even if he has had to owe her the money.
Also last year he had 4 months off work as he fell and broke his ankle when drunk so no income. My daughter paid the mortgage until he could pay her back. She is now concerned that if she stops paying his bills, the joint account they use to each put money into for bills only is getting overdrawn and as he is so difficult and now split up she does not want to pay anymore. She also has to save some money for the advance rent, deposit and admin costs for a new flat with some work friends,
Hope this helps
Regards Jenny
Expert:  Clare replied 2 years ago.
Hi
Has he been physically violent to her at all?
Clare
Customer: replied 2 years ago.
Not exactly, however on one occasion he was very drunk and threw a kettle across the room at her in a hotel room again at a wedding. The best man and groom rescued her as they said she was not safe in the room with him. As far as I know he has never hit her or hurt her physically
Expert:  Clare replied 2 years ago.
Hi
Moving out of the property will not in any way diminish your daughter's claim on the property.
Of more concern is what will happen if the current sale falls through and your daughter is no longer there to ensure that the property is marketable.\However since she will be entitled to return there whenever she wishes your daughter may feel that it is worth it to be able to sleep peacefully
For the avoidance of doubt your daughter is entitled to half of the equity whether she is living there or not
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.
Thank you for your reassuring answer. One more question, would there be any problems if she took her bed and a sofa, and other items that were entirely her own therefore vacating her room. The flat was 2 bedrooms and they have two sofas, so it will be easy to divide their possessions, but it still feels risky leaving a bedroom empty. The beds and sofa split has been agreed by both of them. My husband thinks she might still be safer staying until exchange of contracts?
Expert:  Clare replied 2 years ago.
Hi
If she can bear it waiting until her ex cannot stop the sale could be safer - but if she cannot bear it there is no reason not to move herself and her possessions!
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33958
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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