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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2309
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My Ex partner, lives in the house with my 2 children 13 and

Customer Question

My Ex partner, lives in the house with my 2 children 13 and 17 I brought, when I left in 2008 I continued to pay the mortgage and maintenance. way over and above what was due. Now years later I cannot afford to pay for her to live there and she refuses to accept any responsibility and tells the children that I'm threatening to throw them out. She has moved a new guy in now. We currently have an arrangement whereby she contributes £300 but its a 5 bed house and worth at least £1500. The mortgage is £252k and value £450k. I've told her she now needs to pay rent as im not responsible for her and her boyfriend. Where do I stand with this?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Please confirm if you are married to her and whose name the property is in.
Please also confirm if there have been any court proceedings or orders made regarding this issue.
Customer: replied 1 year ago.
The property is in my name and no we was not married.
Expert:  Harris replied 1 year ago.
Are there any court orders in place regarding the property, and are the children your children?
Harris, Law Specialist
Category: Law
Satisfied Customers: 2309
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
no court proceedings although I did put a charge on the property in her name for £25k
Customer: replied 1 year ago.
yes they are my children.. I dont want to throw her out just get her to take responsibility for rent to me.
Customer: replied 1 year ago.
sorry didnt mean for it to end, please see above
Expert:  Harris replied 1 year ago.
She can make an application under Schedule 1 of the Children Act 1989 for support in relation to accommodation for the benefit of the children, and this can include the above home.
She can make a claim for child maintenance given that the children appear to be in her care - however, as she will now be cohabiting with a new partner it would not be reasonable for you to continue funding the outgoings on the property.
If you provide me details of your gross income and how many nights a week on average the children stay with you I will be able to provide you with confirmation of how much child maintenance you are legally liable for. Please also confirm if your 17 year old is in sixth form or an approved training course?
Customer: replied 1 year ago.
my income now is 1800 per month net and my 17 yo is in sixth form, she will be 18 in feb. I have my son 2 nights per week on average. My daughter rarely stays.
Expert:  Harris replied 1 year ago.
What is the gross amount of income please?
Customer: replied 1 year ago.
£2300
Expert:  Harris replied 1 year ago.
Thanks - your legal liability for child maintenance would be approximately £73 per week given the circumstances. Once your daughter completes sixth form the liability would reduce to £53 per week if the arrangements for your son remain the same.
Customer: replied 1 year ago.
ok, but what of the house. Is she legally entitled to anything?
Customer: replied 1 year ago.
where does this leave me asking for rent?
Expert:  Harris replied 1 year ago.
Given that she is the main carer of the children she will be able to apply to court to remain in the property to house the children - however as she is now cohabiting then she should be meeting the outgoings on the property solely.
If she were to apply to court to remain in the property and an order was granted, it is likely that such an order will remain in place until the children finish education, after which it will be sold and proceeds provided to you as the sole owner.
Customer: replied 1 year ago.
so she has no financial claim on the property? How can she claim to remain if she has a partner living there?
Customer: replied 1 year ago.
I also only pay the mortgage now. But she needs to pay rent to stay there.can i legally claim that?
Expert:  Harris replied 1 year ago.
As there is a charge on the property for £25,000 this would be her financial interest in the property were it to be sold.
You can charge her rent at the market rate but you would also need a deed of trust in place to protect your share of the property and prevent her obtaining a higher share due to her payment of rent and possible maintenance towards the property.
Customer: replied 1 year ago.
can you please elaborate? How could she possibly attain more of a share through rent payments? Would a rent agreement address that?
Expert:  Clare replied 1 year ago.
HIMy name is ***** ***** I have been a family lawyer for more than 30 years.Given the size of the house and the fact that she is cohabiting if you wished to apply for an Order for the Sale of the Property you could do and you are likely to be successful.Indeed even if she were not cohabiting the fact that she only needs a three bedroom property means a sale is likely to be ordered provided you provide her with an alternative smaller property.Paying rent could NOT give her a larger share of the equity provided it is the market rent for the area - but if she pays for any alterations or improvements to the property that couldClare

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