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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner lives in her former matrimonial house with 2

Customer Question

Hi, My partner lives in her former matrimonial house with 2 children aged 10 and 8 and has a shared residency order, she has 9 days and he has 5. I am her partner and I live in the house with her and now, also my son lives with us too, aged 11. I am on a good income and her ex-husband is working for himself declaring a low income. My parner would like to sell the house but her ex-husband would like her to split the house 70/30 in his favour. If it went to court what is the likely spilt? They both have equal ownership of the property
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 firstWhat agreement was made at the time of the divorce regarding financial issues?How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.

No agreement. He rang his boss and asked him to make him redundant and became self employed after they separated. There is no financial agreement in place. Other than she is living in the house with the kids , he pays her £30 assessed by child support. He has now asked for her to split 70/30 on finances and he can live their with the kids. She would like to sell

Expert:  Clare replied 1 year ago.
Do you and your partner intend to live locally?How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 1 year ago.

We wanted to move away but that is not possible because we applied to the court. In fact I discussed it with you and you were right. The section 7 report asked the children and they wanted to stay. So we are not moving far away because we have to be near the schools.

The house is worth £250,000 there is a mortgage for £107,000

Expert:  Clare replied 1 year ago.
I seeWhat income do your partner and her ex each actually have?Where does he live at present?
Customer: replied 1 year ago.

My partner has no income, I support her and her children. Her ex-husband is self-employed and declares a low income. He lives with his mother where the children stay when they are with him. Her ex-husband has been asking if he can claim half of the children's benefits because he says he would be able to get a council house. He fought to stop us from moving out of the area in a recent court case. we wanted to change the contact order from 9 days/5 days (in favour of the mother) but lost the case. Now he says he can't work because he has to mind the children.

Expert:  Clare replied 1 year ago.
Hi
How is the fortnight actually divided?
Clare
Customer: replied 1 year ago.
She has Tuesday after school until Thursday. He picks up from school and has an evening on Thursday, she has Thursday night until the following Thursday. He has Thursday night until Saturday, she has the day Saturday and he has Saturday night until pick up after school on Tuesday
Expert:  Clare replied 1 year ago.
Hi
Given that she is in a new relationship with you the likely division of the equity is 50/50 - her ex 's argument about moving in is not reasonable given the fact that the chidlren are only with his five days a week
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33813
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 1 year ago.
He keeps asking if he can claim benefits for the children because he is on a low income. Are there any other reasons he may be asking for this? He would also like a 50/50 split with the kids. Why would he gain if he were to get this? He talks about being able to get a council house to live in. What else might he be trying to achieve?
Expert:  Clare replied 1 year ago.
The 50/50 split he is asking for is to allo whim to try and claim the benefits - including possibly housing benefits.If your partner wishes to be generous then they could each make a cliam for one child.

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