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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34283
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Living with partner got 2 kids together plus she has 1 from

Customer Question

Hi living with partner got 2 kids together plus she has 1 from past have house together but r going to split up what can we do adout living arrangements
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow old are the children and how is their care shared between you at the moment?How much is the house worth and how much is outstanding on the mortgage?What income do you each have?
Customer: replied 1 year ago.
Hi Claire my income is £400 a week take home my partners is under £100 the house is £220 000 £110 000 leaved on mortgage kids r 4 and 7 will still live together
Customer: replied 1 year ago.
As before
Expert:  Clare replied 1 year ago.
I assume that your partner works part time and generally deals with childcare?
How much does a cheaper two bed room property in the same school area cost to buy?
Customer: replied 1 year ago.
Hi yes part time. Neither of us can afford to move out of properly as I pay 99%of bills
Customer: replied 1 year ago.
Sorry there is a 19yr from her past
Expert:  Clare replied 1 year ago.
How much does a cheaper three bedroom property in the same school area cost to buy?
Customer: replied 1 year ago.
To much
Expert:  Clare replied 1 year ago.
Unfortunately to give you the advice you need I need the figure - a guide figure will do
Customer: replied 1 year ago.
200 000
Expert:  Clare replied 1 year ago.
Unless you both agree to remain in the house together then the realistic position is that your partner can use Schedule 1 of the Children Act to obtain an Order allowing her to remain in the property - without you- until the youngest child is 18 - at which point the house would be sold and the equity divided equally between you.She will be expected to pay the mortgage using her income form all sources including benefits and child maintenance.This is a matter that you will need to discuss with your partner using Family mediationwww.familymediationhelpline.co.ukI am sorry not to give better news - please ask if you need further details