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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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I have a mortgage with my ex partner and still live hear with

Resolved Question:

I have a mortgage with my ex partner and still live hear with our 3 year little girl. I have paid every mortgage payment and bill for all 3 years and have proof. Can he make me sell this house?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I have also paid for a new combo boiler and kept receipts to any work I've had done to the house
Expert:  Thomas Judge replied 1 year ago.
Are you married? How long have you been together?
Customer: replied 1 year ago.
Not married. About two years. But he only lived in the house about 6 months
Customer: replied 1 year ago.
He is on my daughters birth certificate
Customer: replied 1 year ago.
I chucked him out as he became violent to me
Expert:  Thomas Judge replied 1 year ago.
I see then you would need to seek maintenance from him. If he can not afford to pay the mortgage then he can simply stop paying. You will need as a matter of urgency to seek such maintenance. You first step is to make that application - http://www.cmoptions.org
Customer: replied 1 year ago.
He doesn't pay the mortgage anyway I oh everything
Customer: replied 1 year ago.
Pay*
Expert:  Thomas Judge replied 1 year ago.
Well if he does not pay the mortgage what interest does he have?
Customer: replied 1 year ago.
He legally owns 50% of the house and wants to sell it but I don't want to sell it and I can't afford to buy him out
Expert:  Thomas Judge replied 1 year ago.
The court would need to consider the level of maintenance needed to support your son to ensure that he has some form of housing - that may mean this property or a different one. I would be minded in light of your specific circumstances to sit down with a lawyer who can write formally to your ex attempting to advance a solution.
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is Clare and I shall do my bets to give you some practical helpHow much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.
The house is worth £110000 & there is £84000 left on the mortgage
Expert:  Clare replied 1 year ago.
Hi
Who paid the deposit and fees?
Clare
Customer: replied 1 year ago.
Me
Expert:  Clare replied 1 year ago.
Did you protect your investment with a Declaration of Trust?
Customer: replied 1 year ago.
Yes I did thank god
Expert:  Clare replied 1 year ago.
Excellent news - what provision does it make
Customer: replied 1 year ago.
I get the first 25grand and anything more will get split 50/50 just feel this is so unfair when he hasn't paid towards any mortgage payments and I can prove I've paid them all.
Customer: replied 1 year ago.
Plus all maintenance jobs to the house I have paid for
Expert:  Clare replied 1 year ago.
Can you get him released from the existing mortgage (no buy out - just released)
Customer: replied 1 year ago.
How do I do that? Would he have to agree? Because he wouldn't he wants money & to see me and my daughter struggle! Bank said I don't earn enough for a mortgage on my own I'm really trapped!
Expert:  Clare replied 1 year ago.
Deep breaths you are in fact fineIf the house was sold tomorrow he woudl get nothing as the first £25,000 of profit is all yours anyway.In addition under Schedule 1 of the Children Act your ex i sunder a duty to help you house the child until the child is 18 On that basis he woudl not be able to force a sale until the child is 18 or you cohabit.However it is in your interests to get him released from the mortgage as soon as you can so that he doe snot profit as the house increases in value - so stay in touch with a Mortgage Broker so that there are regular reviews of your positionAnd apply to the CSA for maintenance!Please ask if you need further details
Customer: replied 1 year ago.
Omg Clare thank you, ***** ***** crying, what a relief. He said he's gna take me court and he said the judge would make me go in a council house and me and my daughter love r home and were so worried we would have to move xx
Expert:  Clare replied 1 year ago.
He is wrong!
Customer: replied 1 year ago.
Thank you Clare for your help. I was thinking of booking a holiday for me and my daughter. Would I need his permission? Xxx
Expert:  Clare replied 1 year ago.
HI
If you wish to take the child out of the country then technically you need his permission or an Order form the Court - but it can be a question of whether or not he will take action against you
Clare
Customer: replied 1 year ago.
Suppose if I don't tell him he won't no! Could always txt him wen we got there so I no he won't ruin it for us x
Expert:  Clare replied 1 year ago.
indeed!
Customer: replied 1 year ago.
Hehe I like your answers Clare ☺️ Thank you you've been very helpful I really appreciate it xxx
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
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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