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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 726
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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My ex-partner and I have a house in both names. Bought in 2007 with 100% joint mortgage. I

Customer Question

My ex-partner and I have a house in both names. Bought in 2007 with 100% joint mortgage. I paid for the stamp duty and solicitors fees, £4k. We have a 4,5 year old together. He refuses to leave the house, occupies the lounge. He doesn't talk to me and refused to engage via solicitors or mediation demanding 'as much money as he can get'. He wasn't helping out with child maintenance, but I have sorted this through the CMS. As he refused to engage via solicitors and via mediation and I want to stay in the house to provide my daughter with a family home close to her school and my work, what is the best action to take for me? What could I do and how much of it I could do myself? We also have a car in his name, but jointly purchased that I want. The reason for separation is because he has now become a woman.
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- are you joint tenants or tenants in common? Any deed of trust?
- how much equity is in the property?
- you never married?
- children of both parties?
Kind Regards
Caroline
Customer: replied 1 year ago.
Joint tenants, I.e. both own the property together.
I have to check the land registry for deed of trust.
Not married.
Joint child, one.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this. What do you think the equity is?
Kind Regards
Caroline
Customer: replied 1 year ago.
Outstanding amount on the mortgage £210k, current highest valuation £340k, which makes the max equity at inflated prices =130k. Valuation ranges from £310k to £340k.
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for this.
Please may I ask:
- how much have you offered your ex to buy him out? Could you buy him out?
- what is he after - if he's said?
Kind Regards
Caroline
Customer: replied 1 year ago.
He said he wanted 25- 30k. I've subsequently offered him 'in the vicinity of £25k and he is not satisfied. What other options do I have in order to separate and stay in the house?
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Thank you for confirming that for me.
If you are Joint Tenants (with no deed of trust) then you are each entitled to 50/50 of any profit.
Your ex could make an application to the court under the Trust of Land Act for the property to be sold. This is not guaranteed for him as the court will consider the housing needs of children residing in the property.
If you can agree what the split should it's worth getting this drawn up into a consent order and submitting this to the court for its approval as once sealed by the court it becomes legally binding - which prevents your ex asking for more in the future.
You should also consider severing your joint tenancy - as whilst it remains in place the right of survivorship applies. This means that if you were to pass away - your share would automatically pass to your ex - which you might not want to happen. This link will show you how:
https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common
In terms of staying in the property - your best considering a Schedule 1 Children Act application for the provision of housing for your child. A successful application means that your ex's share of the property would pass to you for the benefit of your child. Such an order lasts til your child reaches the age of 18 and then your ex's share would revert back to him.
Please do not hesitate to ask if I can clarify anything for you.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Customer: replied 1 year ago.
How would I apply under Schedule 1 of children's act? What form, where to find it, how much detail to include , where to take the form, how mch are the fees?Should I apply under TOLATA at the same Tim for house to be transferred into my name?How do I prevent for my half going to him?Could I then stay in the house until my daughter s 18 or until she finishes full time education?Ruta
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
An application Under Schedule 1 of the Children Act - you have to attempt mediation first. I note you already have - so you need to get your mediator to sign this form
http://www.jordanpublishing.co.uk/system/redactor_assets/documents/763/Form_A1.pdf
Then send this to your local family court with the court fee of £215
Later you will need to complete Form E1:
http://www.focus-mediation.co.uk/_webedit/uploaded-files/All%20Files/New%20Family%20Forms/Form%20E1%20Financial%20Statement%20(Co-Hab)%202013.pdf
In respect of you ex seeking half the current equity - I'm sorry to say but you can't stop him doing this. If there is no deed of trust and you are joint tenants then the legal presumption is that half is his. If you.can agree a settlement that means you get more - then get this in a consent order and approved by the court so this is binding.
I would concentrate on the Schedule 1 children act claim as the outcome in Trust of Land Act case would be that he is entitled to half.
The order does only last til 18.
Kind Regards
Caroline

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