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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Iam in a relationship that is just ending,we are not married

Resolved Question:

Hi iam in a relationship that is just ending,we are not married & have 2 children. Everything is in my name i have paid for everything, i also own my own buisness,just wanted to know what the law is on such a matter, ref my house etc
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months 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 who will they live with?
Customer: replied 10 months ago.
8 & 12, they will live with there mother
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
sorry can we proceed on line please
Expert:  Clare replied 10 months ago.
How much is the family home worth and how much is outstanding on the mortgage?
Customer: replied 10 months ago.
about £495.00 with a mortgage of about £310.000
Expert:  Clare replied 10 months ago.
How much does a cheaper three bedroom (two if the children are the same sex) in the same school area cost to buy?
Customer: replied 10 months ago.
£180,000
Expert:  Clare replied 10 months ago.
The bad news from your pint of view is that under Schedule 1 of the Children Act you are under a duty to help house the children until they are 18.This could mean your ex staying in the current property at your expense - or the house being sold and you purchasing a cheaper property for her to live in until she cohabits or your youngest turns 18.At that point the property would revert to you and your ex would have to move out.You are also responsible for paying child maintenance - 16% if your gross income at most - less if you have the children more than 52 nights a yearYou may wish to consider negotiating with your ex using Family Mediation to agree an alternative - with you paying a modest lump sum for her to leaveI hope that this id of assistance - please ask if you need further detailsClare
Customer: replied 10 months ago.
I have offered to rent a property for her, but she has asked for £80,000 & child maintenance
Expert:  Clare replied 10 months ago.
Child maintenance is a given anyway £80,000 is a great deal more than a "modest lump sum"After all you could see the current house and have sufficient to buy a mortgage free property for her to live in that would be returned to you in 10 years
Customer: replied 10 months ago.
If this schedule 1 thing gets brought up, could I move the family into another house I owned & was once our family home? What I am asking us would I have a choice because I will want to sell the current home as the mortgage is so high?
Expert:  Clare replied 10 months ago.
Absolutely - it does not have to be THAT house -provided it is in the same (or a better) school area
Clare, Solicitor
Category: Law
Satisfied Customers: 33519
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 9 months ago.
Many thanks Clare, i am now going to take local advice going forward with a solicitor. I will rate you before i leave.
Expert:  Clare replied 9 months ago.
You are most welcome - I hope all goes well

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